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(영문) 청주지방법원 영동지원 2016.07.21 2015고단252

업무상과실치사

Text

Defendant

A In four months of imprisonment without prison labor, Defendant B shall be punished by imprisonment with prison labor, Defendant C shall be punished by a fine of 5,00,000 won, and Defendant C shall be punished by imprisonment with prison labor.

Reasons

Punishment of the crime

Defendant

E Co., Ltd. (hereinafter referred to as “Defendant E”) is a corporation with the purpose of construction, etc. on the third floor of the building in the Subdivision-gu Seoul Metropolitan City of Seongbuk-gu, and is a business owner who performs the J roof construction in the logistics warehouse in the Chungcheong-gun H, Chungcheongnam-gun, and Defendant D is a general manager in charge of safety and health management of the above J roof Corporation as a site warden in E.

Defendant

Defendant C (hereinafter “Defendant C”) is a corporation established for the purpose of construction business, etc. at Gangdong-gu Seoul Metropolitan Government K, and is a business owner who subcontracted the roof, Capital, and eavess construction among the above J roof construction, and Defendant C is a person in charge of safety management at the site of the above roof, Capital, and eavess construction.

Defendant

A is a person who engages in transportation business in the trade name of M in Daejeon Seo-gu L, and is awarded a sub-subcontract for services to transport steel products using a roof, glick, and eavesdle at the construction site of the above J roof Corporation at the home-head of the household, among those who are engaged in transportation business in the same name of M from the above J-gu L-gu L.

1. Defendant A is a person who is engaged in the operation of NKaman cream.

On August 5, 2015, the Defendant: (a) around 15:35, at the construction site of the upper roof, Capital, and eaves, and (b) at the site of the home gate, and (c) on the second roof of the logistics warehouse, the Defendant was engaged in the work to transport steel products removed by loading the stude on the second roof of the logistics warehouse.

In such a case, a person engaged in the operation of a camera has a duty of care to check whether a sprinkler level is integrated into both parts of a steel product, and to safely drive the steel product in the course of transportation by the steel product with a duty of care to maintain balance and not to contact with workers.

However, the Defendant neglected to do so and neglected to verify whether the slot level is integrated into both sides of the steel product, and due to negligence in transporting the steel product which is integrated into the slot mark in a way that the balance can be lost, the Defendant’s repair of the said iron product is the above camera.