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(영문) 서울남부지방법원 2018.09.14 2018고단3780

업무상과실치사등

Text

[Defendant A] Defendant A is punished by imprisonment with prison labor for one year

However, as to Defendant A, it shall be for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a substantial operator of Gangseo-gu Seoul Metropolitan Government D or 612, who is a person in charge of safety and health management who is substantially responsible for the safety and health of workers.

Defendant

B Company D, 612 in Gangseo-gu Seoul Metropolitan Government

It is a corporation established for the purpose of construction work, construction equipment leasing business, etc.

1. Around 11:50 on March 20, 2018, Defendant A was engaged in the assembly of “port gear” at the shop for the storage and maintenance of equipment of B Co., Ltd. located in Gangseo-gu Seoul, Gangseo-gu, Seoul. Around the point of view, Defendant A was requested by the victim G (38 tax) who was a driver of the port-going engine to divers into the lower part of the port-going engine and to divers into the port-going engine and to divers into the port-going engine in a state where F, a driver of the port-going engine, was at the point of view.

In the event of the assembly of a port-wise vessel, the weight that is connected to the main body of the port-going vessel is a heavy product with a weight of about five tons, and there is a risk of collision, compromise, and falling.

Therefore, the Defendant is a person in charge of safety and health of business owners, who is operating the above equipment, and is obligated to take the following necessary measures in order to prevent risks caused by bad working methods, etc., i.e., (i) prepare a work plan containing safety measures, etc. to prevent risks, such as collision, narrowness, falling off, etc., which are heavy objects, and (ii) inform the workers of such plan, have them perform the work accordingly; and (iii) in case of assembling, dismantling, altering, or moving an anti-light engine, it shall be given to the workers by setting the work methods and procedures; and (iv) in case of repairing, checking, etc. under the vehicle boom, cancer, etc. when boom, etc. is laid down.