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(영문) 대구지방법원 2016.04.28 2016고단836

업무상과실치사

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Defendants shall be punished by imprisonment without prison labor for six months.

However, the above judgment against the Defendants for two years from the date of this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

B is a person who is appointed as a general executive director and factory manager of C&A and is in charge of safety and health management from D, the representative director of the said company, and is in charge of the field supervision and safety management, and the defendant A is the promotion of the gold team of C&A.

Defendant

A around August 13, 2015, around 09:10, around 09:0, around 09:10, at the press line Dra within the 3rd public corporation, the above C&C corporation was performing the work of replacing and correcting presses 1.

In this way, when performing the work of replacing and correcting presses, safety control managers and workers should stop driving by blocking the power of the press machines concerned, and in particular, there was a joint duty of care to take necessary measures, such as installing and using a safety block in preparation for the possibility of fall to workers who work under work due to his own degradation.

Nevertheless, the Defendants neglected this, and Defendant B did not properly conduct safety education on the working method to employees of the gold-type team in advance or supervise them to thoroughly implement safety rules. Defendant A did not stop the above presses or control them to conduct a string (the crime of bolting, steel structure, or wooden ties) between the damaged person and the gold-type while not using the safety block. The Defendant A, under the situation of stopping the above presses or not using the safety block, saw the damaged person F (25 years old) to conduct a string (the crime of bolting, steel structure, or wooden ties). The victim’s head part was left under the Gap’s own supervision, and slicked between the above slot and the gold-type.

As a result, the Defendants jointly caused the death of the victim from his occupational negligence to the two scam cutting.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made with respect to G and H;

1. Materials for report on internal investigation (Attachment to the presses work safety rules and special health and education materials), presses work safety rules, and special health and education materials;

1. A written opinion on a disaster investigation;