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(영문) 인천지방법원 2015.04.30 2014고단4133

업무상과실치사등

Text

Defendant

A Imprisonment of one year and six months, and Defendant B shall be punished by a fine of 5,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A is a person who works as a compressed machine engineer in E, and Defendant B is a person in charge of the operation and management of fork-time driving and management, who is a field manager in E.

1. The Defendants’ co-principal

A. At around 08:30 on March 14, 2014, the Defendant breached the duty of care by Defendant A, at the company located in Jung-gu Incheon, Jung-gu, Incheon, the victim H (Nam, 50 years of age) who is an employee of the G company, was engaged in the work of moving the shape of the square pole in which the cargo lane was loaded (the height is 90cc, width, 80cc, height, 3m, weight, 900km) into the bottom of the cargo vehicle.

In such cases, a person engaged in the vessel operation has a duty of care to check the packaging condition of a compressed vinyl, and to prevent accidents that may occur during the vessel operation from moving goods by closely examining the anti-competitiveness of the vessel.

Nevertheless, the Defendant did not check whether there is a person in reflect on the work while moving a compressed vinyl without obtaining a license, and without checking the packaging condition of a compressed vinyl, caused the death of the victim by using two of the occupational negligence on the part of the goods, on which two of the weight centering on one side of the freight is cut off from the left side of the freight vehicle, and the victim fell into the victim’s head who reported the work process on one side of the freight, and caused death.

B. Defendant B’s breach of the duty of care has a duty of care to thoroughly manage the vehicle by directly keeping the two keyss so that an employee who has not been granted a license to operate the vehicle in his own discretion does not cause a safety accident by operating the vehicle in his own discretion. The work using the vehicle in his own possession has a duty of care to direct and supervise so that an employee who has been granted a license can safely work by receiving assistance from another employee (a confirmation of the status of the job site, etc.).

Nevertheless, the defendant has the aforementioned keys at the time and place of the preceding paragraph.