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(영문) 광주지방법원 순천지원 2014.02.05 2013고정758

업무상과실치상

Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

B is a person in charge of safety management as the head of the quality control office of cement concrete manufacturing and selling chain in the F at the time of Jeoncheon-si, Jeoncheon-si, and the defendant A is a person in charge of the operation and maintenance of the aggregate transportation facilities of the above company as the head of G production department.

The Defendants, around March 26, 2013, ordered I, J, and victims K and the deceased to perform the work of correcting the depression of aggregate measurements of the said company.

However, the aggregate measurement tank is installed above the consortium level, and the zero-point correction work is conducted when the work executor belonging to H, who works at the site where the aggregate measurement tank is installed, communicates with the other work workers belonging to the defendant A and H in the production room where the aggregate measurement device is installed with the defendant A and H with other work workers belonging to the production room where the aggregate measurement device is installed, and when it is possible to confirm whether the weight is accurately measured in the middle of the aggregate measurement tank, and when the consortium level is operated during the work, it was the place where the worker at the correction work has a high risk of causing an accident.

Therefore, Defendant B, who is a safety control manager, had a duty of care to check in advance whether the workmen belonging to H have equipment suitable for the work of correcting the depression, explain the risk that may occur during work to the work workers belonging to H, and inform the location and operation method of equipment that can urgently suspend the work when the consortium is operated during the work process, and to monitor and supervise whether the work is being performed at the work site at the work site at the low-ul point adjustment work site and have a duty of care.

In addition, Defendant A shall participate in low-mination work while operating the operating device of aggregate measuring instruments, and the consortium level shall not be operated during the work, and the consortium level shall be operated during the work.