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(영문) 수원지방법원 여주지원 2018.11.21 2018고단292
업무상실화
Text

[Defendant A] The defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

D Co., Ltd. and E are the relationship between the Plaintiff and the Plaintiff, which provided a factory building and facilities and provided a printing facility, employees, etc. in Ison-si with the size of 1,510.4 square meters (the site size: 4,356 square meters) in E-si (hereinafter “instant factory”).

Defendant

A is an employee of D Co., Ltd. who comprehensively manages the overall business of the factory of this case; Defendant C is a representative of E Co., Ltd., who is in charge of the Toluene ordering work, which is an excessive material for printing interest on the person in charge of the management of the factory of this case; Defendant B is a person engaged in the business of transporting Toluene, ordered by Defendant C, into G 17 tons mobile tank freight truck (hereinafter “Tank Ri”); hereinafter “Tank Ri”).

Defendant

B around August 29, 2017, around 17:33, at the instant plant, Defendant C’s order used to transfer to Toluene plastic storage containers (hereinafter “bat”) of polyethylene, which was kept externally in the factory, through injecting pipes attached to the tank lock, to the tank lock.

Toluene is a solid liquid with a point of 4°C, which is highly likely to be explosiond by a source of static electricity, etc., which is a substance with a high risk of explosion by a source of static electricity, etc., and as such, if transporting it to “the method of directly transferring it to a container from a mobile-type tank,” it is apprehended that a fire might occur due to the combination of combustible materials, oxygen, and chemical sources caused by the generation of oil, inflow of oxygen, generation of static electricity, etc., the Toluene shall not directly transfer Toluene to a container from a mobile-type tank (Article 5(3) of the Dangerous Substances Safety Control Act, Article 49 attached Table 18 of the Enforcement Rule).

IV. 5.h. (h) 2), in violation of this chapter:

Even though it is possible to block the formation of an atmosphere of explosion through flexible discharge of oil and clothing for the prevention of static electricity.

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