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(영문) 의정부지방법원 2018.03.15 2017고정1808

업무상과실치상등

Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative of B Co., Ltd., a fertilizer production company located in Gyeonggicheon-gun E, and F is a person engaged in cryping operations under the above B, and Defendant B is a corporation owner whose purpose is to produce and sell fertilizers.

1. Defendant A’s violation of the Industrial Safety and Health Act and occupational injury and injury to the Defendant are the representatives of the above B, who are in charge of overall matters concerning safety and health of employees under their control, such as preventing safety accidents that occur in the production and sale of fertilizers in the process of producing and selling fertilizers.

around 14:00 on January 10, 2017, the Defendant: (a) had F, a person working in the above B plant, who was a person working in F, loaded 10 tons of fertilizers per ton of one ton per unit (hereinafter referred to as “ton bags”) on a 4.5 tons truck operated by the victim G (59 years of age).

In such cases, if the employer is likely to cause danger to the workers, the owner shall use the scooters, which is the vehicle system, only for the main use of the machine.

Nevertheless, the Defendant neglected this and caused the victim to suffer approximately 12 weeks off the left-hand booms in need of medical treatment, by neglecting the Defendant’s negligence so that the flag, which is a construction machinery of the vehicle, may be used in the loading work of heavy objects, not for the primary purpose such as ground excavation, etc., but for the flag in the flag, by shocking the damaged person who was on duty while on duty, and falling under approximately 1.5 meters below the floor.

2. The Defendant violated the Industrial Safety and Health Act by Defendant B, as described in paragraph (1), failed to take measures to prevent the safety accidents of his employees, a representative of the Defendant’s business.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Each legal statement of witness G and H;

1. A complaint, a full certificate of registered matters, a medical certificate, a written opinion, a protocol of examination of suspect prepared by the police against F, a construction machinery registration certificate, and a certificate of inspection;

1. Application of the law of reply to inquiries, such as criminal history.