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(영문) 전주지방법원 군산지원 2014.11.28 2014고단924

업무상과실치사등

Text

Defendant

A shall be punished by a fine of KRW 4,000,00, and by a fine of KRW 1,500,000, respectively.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant is a person who actually operates B with a factory in Gunsan City, which is engaged in the manufacture of steel structure, and exercises overall control over the safety and health of workers belonging to the above company.

At around 13:50 on June 21, 2014, the Defendant had the victim E (the age of 49) work for the coloring of the steel structure (the height of 190cm, length 1,350cm, width 40cm) at the above plant.

In handling heavy objects, a business owner shall conduct a prior investigation and investigate the relevant work, topography, ground-to-face and ground-story, etc. in accordance with the details of a prior investigation and work plan, including safety measures, etc. to prevent risks, such as fall, falling, falling, electric intensity, narrowing, collapse, etc., in order to prevent risks to workers, and record and keep the results thereof. In consideration of the results of the investigation, he/she shall prepare a work plan including matters according to the classification of safety measures, etc. to prevent risks, such as fall, falling, electric shock, narrowing, collapse, etc., and shall have his/her employees perform work in accordance with the plan; and he/she has a duty of care to prevent accidents by thoroughly educating his/her employees in order to check whether the steel structure is clearly separated from the structure, and thoroughly educate them.

Nevertheless, the Defendant did not prepare the above work plan, etc. at the same time, and did not neglect the above duty of care, and caused the victim to move the steel structure using the string installed in the ceiling of the above factory, and without confirming whether the structure is separated from the structure, and caused the string to reduce the string, by occupational negligence, the string of the string, which is not completely separated from the structure, coming beyond the steel structure, and the victim went beyond the structure, thereby causing the string to the bottom of the string.