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(영문) 청주지방법원 2017.10.12 2017고단883

업무상과실치사등

Text

Defendant

A Imprisonment for eight months, Defendant B's imprisonment for four months, and Defendant C's fine for five million won.

Reasons

Punishment of the crime

Defendant

A is the representative director of C, who is the general manager in charge of the safety affairs of C factories in J at the time of Cheongju, and Defendant B is the management manager in the above factory site as the management manager of C.

1. On November 15, 2016, Defendants A and B had a duty of care to prevent accidents, such as taking safety measures on the job site around 05:16, and at the time employees K engaged in the work of inserting raw materials, such as wood, into the raw material inputs. In such a case, the Defendants, who are in charge of safety duties, had a duty of care to prevent accidents by thoroughly conducting education on the ordinary safety management, such as taking measures necessary to prevent danger, such as preventing the Defendants from going on the front part of the raw material inputs in operation, or installing an artificial bridge, etc. with the raw material inputs in operation.

Nevertheless, the Defendants jointly neglected the above duty of care as a matter of course, and as a result, 05:16 on the same day, the Defendants went back to the victim K (29 years old) level with the agreement of the above raw material inputs, and died due to a sudden stop by the head of the Gadls installed on the Belgium, etc.

2. Violation of the Industrial Safety and Health Act by Defendant A and Defendant C

A. (1) In the event that the owner of an unregistered building, including Defendant A (1) personal legs, is in excess of his/her employee on the part of a consortium, etc., he/she shall take necessary measures, such as the construction of a personal bridge, to prevent danger.

Nevertheless, the Defendant did not take the above safety measures at the time and place of Paragraph 1.

(2) The business owner who has failed to take other safety measures must install a cover, a sound, a slick, a slick, a slick, a slick, and a slick, etc. on the part of the machinery, which is likely to cause danger to workers, such as the engine, wheel, flick, and chain, but the Defendant.