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(영문) 서울동부지방법원 2014.04.02 2013고단1970

업무상과실치사

Text

Defendant

A and B shall be punished by a fine of KRW 5,000,000, and by a fine of KRW 3,000,000, respectively.

Defendant

A. A.

Reasons

Punishment of the crime

[2013 Highest 1970, Defendant A, and B] Defendant A is the site manager of G Sewage Upgrades, located in the Gwangjin-gu Seoul Special Metropolitan City Seoul Special Metropolitan City F, and Defendant B is the person in charge of safety management.

On June 1, 2013, at the same construction site around 08:57, the Defendants had the victim H (the 45-year-old) who is an employee of the Defendants move the lux in the course of moving the lux in the road, while allowing the victim H (the 45-year-old-old-old-old-old-based-based-based-based-

Defendants shall use vehicle-based construction machinery only for the principal use of the machinery, and, in cases of conducting the work of using vehicle-based construction machinery or the work of handling heavy objects, conduct the relevant work to prevent the danger of workers due to the fall of the relevant machinery, ground collapse, etc., conduct a prior inspection on the topography, ground level and ground condition of the relevant workplace, and record and preserve the results thereof, taking into account the results of the investigation, and prepare a work plan for safety measures to prevent danger in the vehicle-based construction machinery to be used in accordance with the plan, and notify the relevant workers of the details of the work plan prepared.

In addition, since the ground level at the time was flabed and the surface was weak, and the weight of the sludge to be replaced was 1.6 tons, the Defendants had a duty of care to take measures against the victim so that the flab may not spread the blab by spreading weight-centered weight, such as manipulating the blab to be located on the front of the blab.

Nevertheless, the Defendants did not perform all necessary measures, such as prior investigation and preparation of work plans, etc. on the ground floor of the workplace, and did so to the victim remove the boom of the boomer, connect the boomer with the boomer with the boomer and the boomer, and move to the boomer next to the boomer.