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(영문) 수원지방법원 여주지원 2016.04.04 2015고단1197
업무상과실치사등
Text

Defendant

A Imprisonment for 6 months, Defendant B shall be punished by a fine of 5,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of food waste collection and disposal business, and Defendant A works as the representative director of the corporation B from June 20, 2014 to September 10, 2015, and was a person in charge of safety and health management of the above factory.

1. Defendant A

A. On August 12, 2015, the Defendant violated the Health and Safety Act in occupational areas, death and injury, and industrial safety, caused a victim D (tax age 69) to a person who works in the above B factories located in Leecheon-si, Leecheon-si, to perform the combined operation and management work of a mixture for the combined process of mixing food waste, copile, tin, etc. during the process of composting food waste.

In the process, there was a large amount of inflammable cancer, mertan, etc. inside the mixture, and there was a risk of explosion due to the flammable gas in the process, so the Defendant, who is the safety and health management manager, had a duty of care to allow the victim to use electric machinery or apparatus with the breadth performance, and to look at whether the work is well performed within the mixture after opening a lid at the top of the mixture and examining whether the work is well performed within the mixture.

Nevertheless, the Defendant neglected to examine the inside of the mixture with the knowledge that the victim used the work without any performance of width and without confirming ventilation. On August 12, 2015, without confirming the ventilation inside the mixture, the victim opened a lid of the mixr and without confirming the inner ventilation inside the mixturer on August 15:30, 2015, and examined the work inside the mixturer, and examined the situation of the inside work inside the mixture. As a result, the Defendant caused the scam to cause explosion in response to the inflammable maria, the inflammable gas, which was acquired inside the mixturer, and the scamak caused explosion. Accordingly, the victim was on August 11, 2015.

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