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(영문) 수원지방법원 2020.03.26 2019고단8146

업무상과실치사등

Text

[Defendant A] The defendant shall be punished by imprisonment for ten months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Judgment of the court below] Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation established on May 2, 2008 for the purpose of wholesale business, etc. of construction materials in Yong-si, Chungcheongnam-si, and operates wholesale and retail business, such as construction materials and others, using six full-time workers at the new regrown-gu, Young-si E.

Defendant

A is the representative director of the defendant company who is fully responsible for the safety and health of his employees and who acts on behalf of the defendant company, and the defendant B is the person employed by the defendant company.

【Criminal Facts】

1. Violation of the Occupational Safety and Health Act and occupational injury, etc. related to the death of workers;

A. At around 11:28 on July 25, 2019, Defendant A, in violation of the Occupational Safety and Health Act of Defendant A and Defendant A planned to move to the cargo vehicle using the snive beam beam line of 19 square meters necessary for sampling work table production (not less than 630cm in length) at the 2 logistics center of the Defendant Company located in Young-si, Young-si, Young-si, A, and ordered his employees B and the victim F (54 years old) to prepare for the work.

Accordingly, Defendant B, a construction machine used in the company, loaded the sn beam beam on a cargo vehicle with H 1.2 tons after putting the h1.2 tons of cargo, but, due to the length and weight of the sn beam, Defendant B, a victim, who did not focus on weight, was allowed to sit up one of the sn beam lines together with the sn beam beam lines and carry out work using weight-centered method.

Where a business owner engages in work using loading, unloading, transportation, machinery, etc. on vehicles, he/she shall conduct a prior investigation into the relevant work, topography, ground-to-ground conditions, etc. in the relevant place of work, and record and keep the results thereof in order to prevent any danger to workers, and take into account the findings of the investigation, measures to prevent any danger, such as fall, fall, electric failure, narrowness, collapse