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(영문) 대구지방법원 2020.10.15 2020고단3864

업무상과실치사

Text

Defendant

A Imprisonment without prison labor for six months, Defendant B's imprisonment for six months, and Defendant C's fine for KRW 10 million.

Reasons

Punishment of the crime

Defendant

C is a business owner who runs the mechanical parts processing business, etc. using 43 full-time workers at Gyeong-si, Gyeong-si, Gyeong-si. Defendant B is a vice president of the above corporation and a person in charge of overall matters concerning safety and health of employees belonging to the above corporation, and Defendant A is an employee of the corporation C who is in charge of the maintenance and management of factory facilities.

1. Violation of the Occupational Safety and Health Act and occupational injury, etc. related to the death of workers;

A. On October 7, 2019, Defendant B and Defendant B violated the Occupational Safety and Health Act by occupational negligence of Defendant B and Defendant B ordered Defendant A and the victim E (Nam, 58 years of age) to perform repair inspection work at the factory of the above Co., Ltd., and on the same day, at around 10:30, the victim was directly examined whether there is abnormal cicks listed on the upper upper part of the ceiling cick, and Defendant A performed work by operating cicks in accordance with the victim’s reception.

Where a business owner installs a passage between a railroad train or line rail and a construction or equipment on the road, he/she shall take necessary safety measures, such as suspending the operation of the railroad, so as not to be in contact with workers engaged in such work, in the course of maintenance, repair, inspection, etc. on the road, passage, or track, the width of the passage shall be at least 0.6 meters (Provided, That the part contacted with the columns of the construction during the passage may be at least 0.4 meters).

On the other hand, Defendant A shall not drive a cream in the state of a worker when conducting the above inspection, and when cream is inevitably driven, Defendant A has a duty of care to safely drive the cream so as not to put the worker in danger by properly examining the location, situation, etc. of the worker.