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(영문) 수원지방법원 안산지원 2019.05.15 2019고단65

업무상과실치사

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 5,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

B is a personal business owner who operates a secondhand shop in Sil interest City C with the trade name of “D” and engages in the collection and sale of recyclable materials, and is a person in charge of the safety and health management of his employees, and the defendant A is a collected engineer.

1. Defendant A had a duty of care to safely store strings, parts, work tools, etc. in performing the work of screening the scrap metal line using the strings and thereby prevent accidents.

Nevertheless, the Defendant, around February 2018, performed the work of screening scrap lines using a string line at the above D workplace, and caused large tin (weight: 380km, width: 80cm x 80cm x 80cm x 80cm) used for the work, and neglected it by negligence in the course of business where he left the temporary upper part of the temporary wall at a height of 2.8m, and on April 27, 2018, at the same place, the temporary wall of which the weight of the large tin was not removed at the same time as on April 16:10, 2018, and then removed and melted the weight of the large tin loaded at four parts in the previous place (Article 150km per dog) to the victim E (Article 70cm, 80cm) and caused the death of the large ray by a disease in light of the weight of 16:5m.

2. Defendant B;

A. When the Defendant, in relation to the death of an employee, orders the victim to remove and melting of the spice pumps at the time and place specified in paragraph (1), the business owner has a duty of care to take safety measures, such as attaching products, materials, parts, etc. to the place where the objects are removed or are at risk of being removed during work, or to prevent the worker from accessing the place.

Nevertheless, the defendant neglected this and neglected to leave the matter on which the above large-scale tin is loaded on the temporary upper part of the wall and did not take any particular safety measure.