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(영문) 대전지방법원 2012.05.23 2012고정377
산업안전보건법위반등
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.

Defendant

A above.

Reasons

Punishment of the crime

1. The defendant A is the representative director B, who is a manufacturing company B, which produces styp content additives in Daejeon-gu, Daejeon-gu, and is responsible for the safety and health of the employees under his control.

On April 19, 201, at around 15:00, the Defendant: (a) ordered the victim D (year 42) and the victim E (year 48) to clean the remainder of the raw material of the sti pumps remaining after crushinging in the tank from the sti pumps storage tank containing protea, a prote, which is the raw material of the substance of the sti pumps pumps in the aforementioned factory B B.

In such cases, the Defendant has a duty of care to take safety measures necessary to prevent explosion or fire, such as the designation and use of explosion-preventive structure and equipment with explosion-preventive capacity suitable for steam, gas, or dust-proof performance when using electric machinery and equipment for the removal of residues in a place where such substance is located, since such substances as the above proteas had a farming effect that is likely to cause explosion or fire.

Nevertheless, the defendant neglected to do so and caused the victims to perform the work of removing dust by using a diversative power plant with a general type of heat which has no explosion-preventive capacity.

As a result, the Defendant caused a fire due to explosion presumed to be overheated of the heat apparatus during the process of removing the said dust by occupational negligence as above, and transferred the fire to the victim D’s face, etc. on the 20th of the same month, and caused the victim D’s death by using double-proof images, and caused the victim E to suffer bodily injury, i.e., two degrees and three degrees images, etc. requiring approximately three weeks of treatment.

2. Defendant B, at the above date and place, is inflammable in the above manner, where A, the representative director of the defendant, is the defendant's business.

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