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(영문) 청주지방법원 2019.02.01 2018고합223

업무상과실치상

Text

Defendant

A A The fine of KRW 2 million shall be KRW 1 million, Defendant B shall be punished by a fine of KRW 1 million, Defendant C shall be punished by a fine of KRW 1 million.

Reasons

Punishment of the crime

Defendant

C is a corporation established for the purpose of manufacturing food, such as sugar land, using approximately 15 full-time workers, and the victim D(55 years of age) business owner. Defendant B is the representative of the corporation C, the safety and health management manager to prevent industrial accidents of its employees, and Defendant A is the head of the factory of the corporation C.

1. On January 23, 2017, Defendant A and B agreed to operate the location of all of the co-offenders upon termination of the trial time at the C plant located in Jincheon-gun, Jincheon-gun, Chungcheongnam-do.

At the time, the victim D was engaged in the cleaning of the brea belt, which is going up to the breablue, so there was a danger that the victim's losses might be led by the machinery when operating the breab location.

Therefore, Defendant B, a person in charge of safety and health management of Co., Ltd., had a duty of care to check in advance necessary matters such as placement and education of workers, work methods, protective devices, etc., and to take necessary measures to prevent danger when the operation of a machine is suspended, and to prevent other persons from driving the machine, Defendant B, a person in charge of safety and health management of a Co., Ltd., had a duty of care to take necessary protective measures, such as separately managing the key thereof or installing signs.

On the other hand, Defendant A had a duty of care to check whether there is a person working around the machinery before the operation of the operation of all equipment equipment and machinery, and to operate the power resource location.

Nevertheless, the Defendants neglected the above duty of care in common, and Defendant A did not confirm whether there is a person working around the machinery and let the injured party go into the machinery for about eight weeks by negligence in the course of business, without confirming whether there is a person working around the machinery.