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(영문) 제주지방법원 2015.12.17 2015고단981

업무상과실치사

Text

Defendants shall be punished by a fine of KRW 4,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

B is a person who is a business owner engaged in container leasing business in the trade name called E and is in charge of and manages the affairs to prevent industrial accidents that may arise in the course of performing work, and the defendant A is an employee of the above E and is engaged in driving of cras.

Defendant

B around January 18, 2015, Defendant A and the victim F (40 years of age) who is a worker belonging to the Gu, ordered Defendant A and the victim F (40 years of age) to install container at the entrance of H(H) I apartment site located in Seopopopo City G.

The installation work of a container is the work of handling heavy goods by putting a container into a portable cler, and there is a danger of falling, falling, or falling down, falling, etc. of a container at the time of carrying a container. In such cases, Defendant B, the owner of the mobile cler, who is the person responsible for the safety of his/her employees, has the duty of care to take measures under the Occupational Safety and Health Act, to take measures to prevent accidents in accordance with the plan, including the measures to prevent danger, such as fall, fall, fall, etc., in consideration of the results of the investigation, etc., by conducting a prior investigation into the relevant work, the topography and the state of the site, etc. of the relevant work site, to Defendant B, the person responsible for the safety of his/her employees, who is the owner of the mobile cler, has the duty of care to prevent accidents in advance by regularly checking whether there is any trouble, and whether there is any defect in parts.

Nevertheless, Defendant B did not prepare the above work plan, but did not check the cler while he knows that there is a failure in the right, prevention device, and overload prevention device prior to this case.