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(영문) 부산지방법원 2018.09.13 2018고단3183

업무상과실치사등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a business owner who runs a wholesale and retail business of water-saving products with the trade name called "C" located in Busan Jin-gu, Busan.

A business owner shall not use machinery, apparatus, equipment, etc. that fail to meet the safety inspection standards under Article 36 of the Industrial Safety and Health Act, and in detail, in the case of lifts for general work that falls under harmful or dangerous machinery, etc., he/she shall install a transport door to the entrance and the transport outlet, and in cases where such transport is open, it shall be so-called interlol structure, the operation of which is suspended.

On January 30, 2018, the Defendant: (a) around 09:20, at the foregoing workplace, had the victim D (43 tax) who is an employee of the said C (43 tax) use a lifts for general work installed in C, and had the victim D (43 tax) move the string studios in storage in the second floor warehouse of the building.

In such cases, the Defendant, a business owner, is not obliged to use a set for general work that is not in conformity with the safety inspection standard as above, and the transport door and the transport hole should be installed in the said set-line lecture and the transport hole, and if such transport door is open, there was a duty of care to make the so-called interlocking structure the operation of the set is suspended.

Nevertheless, the Defendant did not neglect the above duty of care and did not have a transport door at all, and, if the transport door is open, had the victim use a lifts for general work which is not a linked structure in which the operation of the lifts is suspended, caused the victim to wear a life tag that is kept on the second floor of the building on the back to the first floor of the general work, and caused the victim to wear a life tag that is being kept on the second floor of the building on the back to the second floor of the building.

Ultimately, the Defendant, by such occupational negligence, was sent to Busan National University Hospital located in Seo-gu, Seo-gu, Seo-gu, Busan, and received medical treatment. On February 24, 2018, 10:52, the Defendant was in the middle of 10:52.