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(영문) 춘천지방법원 원주지원 2016.08.08 2016고단245

업무상과실치상

Text

Defendant

A shall be punished by imprisonment without prison labor for 10 months, by imprisonment for 6 months, and by a fine of 5,00,000 won for Defendant C.

Reasons

Punishment of the crime

Defendant

C A Co., Ltd. is a corporation established for the purpose of manufacturing news tables, etc. in prime City E, and Defendant B is the representative director of the above company, and Defendant A is a person who has worked in the above company from May 2015 to January 2016.

1. At around September 16, 2015, Defendant A, at the place of business of the said C Co., Ltd., Defendant A, one of the following: (a) carried out cleaning work by entering the victim F (31) machinery; and (b) carried out cleaning work at the mixing machine, and (c) carried out finishing work by operating the mixing machine he cleaned.

However, there was no locking device that prevents any other person from driving the mixing in the course of cleaning the mixing, and the inside the mixing machine is installed with a power failure, so there is a risk of accidents caused by the power failure in the event that people enter the mixing machine and perform cleaning work. Thus, the defendant has a duty of care to confirm accurately the mixing device he/she intends to drive, and to check whether other persons enter the mixing machine, and to prevent accidents caused by the operation of the machine in advance.

Nevertheless, the Defendant neglected to do so and failed to properly confirm the operation of the mixing, and caused the injured party to cut off both sons of the injured party, by operating the operation of other mixing apparatus which was being cleaned by the injured party upon entering the inside.

As a result, the Defendant suffered from such occupational negligence that the victim suffered injury, such as the Plaintiff’s complete 14 week therapy, ice cutting cutting, satisfying and satisfying the left-hand body, satisfying and part of satisfying the upper-hand body of satisfying and satisfying the upper-hand body of satisfy, the upper-hand body of satisfying and satisfying the upper-hand body of satisfying the upper-hand body of satisfying.

2. Defendant B’s business owner