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(영문) 수원지방법원 안산지원 2017.06.14 2017고단888

업무상과실치사등

Text

Defendants shall be punished by a fine of five million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A as the representative director of the Company B, a person who exercises overall control over the affairs concerning safety and health of his employees. Defendant B is a corporation established for the purpose of wholesale business with a place of business 9.24, Dong 924, Dong 9, Dong 924, and victim D(49) is an employee belonging to the said Company.

1. On November 15, 2016, Defendant A had the victim perform the steel system pipes in the place of shipment at the place of business.

In such cases, the defendant, who has overall control over the safety and health affairs of the employees belonging to the above company, has a duty of care to educate the victim properly with the safety rules and have the safety facilities of the workplace.

Specifically, a business owner shall take measures necessary to prevent any danger caused by machines, apparatus, and other equipment in running his/her business, and shall ensure that safety caps shall be paid in excess of the number of workers engaged in work, and safety caps shall be worn, with respect to workers who engage in work, the objects of which are lowered or falls at the risk of falling.

In addition, one business owner should take necessary measures to prevent hazards caused by improper work methods, etc. in excavating, quarrying, loading, unloading, timbering, transporting, operating, dismantling, handling heavy objects, and other work, and when there is a risk that a worker might be in danger due to the collapse of a load group or the fall of cargo, he/she should take necessary measures to prevent risks, such as putting the load part up or breaking it, and when he/she stores a load, he/she should create a basic type.

Nevertheless, on November 15, 2016, the Defendant had the victim do not properly educate the victim of the steel pipe in the shipping workplace and did not wear a safety cap.