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(영문) 인천지방법원 2014.11.12 2014고단4585

업무상과실치사등

Text

Defendant

A Imprisonment of eight months, Defendant B shall be punished by imprisonment without prison labor for six months, and Defendant C shall be punished by imprisonment without prison labor for four months.

except that this shall not apply.

Reasons

Punishment of the crime

1. Co-principal - Occupational and Occupational Death Defendant A is a person who actually operates company G.

Defendant

A From December 13, 2013 to January 8, 2014, from Yeonsu-gu Incheon Metropolitan City Corporation management of H H, A operated play facilities under the trade name of “J” after leasing the exhibition halls within the I building located in the Yeonsu-gu Incheon Metropolitan City Corporation management, and installing the Ebast, which is a children’s play equipment, in the exhibition.

Defendant

A In order to operate the above J, between Defendant B and Defendant B, who operated K, a human resources supplier company, entered into a human resources supply contract with the employees belonging to K to perform the operation and management of the play equipment established in J, and the management of J ticketing.

Defendant

A around the beginning of December 2013, L play equipment (hereinafter “instant play equipment”) was established within the JJ.

Defendant

B Under the above human resources supply contract entered into with Defendant A, Defendant C was responsible for the placement, management, etc. of the management personnel of the play equipment established in the above J. The Defendant C, a staff member of K, was required to manage two other play equipment in the instant play equipment and the surrounding area.

On the other hand, the play equipment of this case took up the structure where the waiting part of the waiting part is protruding the public in order to get out of the drum frame of about 3.5 meters in height and about 10 meters in length.

In addition, in the course of the inspection of the Korea Association of Integrated Living Facilities, an incorporated association for the establishment of the instant play equipment, “one fixed number” of the instant play equipment, “operators shall observe the users at all times,” and “installers and equipment managers shall take measures to ensure that users are concentrated on a specific part so that they are not recovered. A manager of the Ebrate equipment must be placed at all times for the safety of users.”