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(영문) 청주지방법원 2016.05.04 2016고정232
업무상과실치사
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the head of the HSE team who is a corporation established for the purpose of manufacturing and selling industrial gas in Jincheon-gun, Chungcheongnam-gun, Chungcheongnam-do, and engaged in gas safety and electric safety and dangerous goods management of C, and D is a person who exercises overall control over the confirmation, inspection, supervision, etc. for the safety management of electric installations as the electric safety manager of the above C.

Defendant

And D, from July 16, 2015 to 12:00, from around 10:00 to the above C’s rooftop of the building, the supply of electricity to electric power plants in its location for periodic inspection at the Korea Electric Safety Corporation, and the supply of electricity was prevented during the above time period.

The victim F (47 tax) had a worker under E work for the extension of electric installations in the power distribution room.

In such cases, the accused and D, who have overall control over the confirmation, inspection, supervision, etc. for the safety control of electrical safety and electric installations, have a duty of care to accurately verify whether any worker is working on electric installations at the site of a factory, etc. before a regular inspection, and to accurately verify whether any worker is working on electric installations when the electricity is supplied, and to prevent accidents, such as the reduction of workers, etc., in advance.

Nevertheless, at around 10:25 on July 16, 2015, the Defendant and D did not notify the victim of the supply of electricity at the electric distribution room at the above factory distribution room of the supply of electricity to the victim and caused the victim's death at around 11:20 on the same day by negligence in the course of business where D supplied electricity by raising all of them.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Each police statement made to G, H, I, J, and K;

1. Qil;

1. Contracts for the safety management of private-use electric installations;

1. Physical list at each side of the building site;

1. A report on the results of inspection of a person who has suffered from a change;

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