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(영문) 청주지방법원 2019.05.30 2019고정65

업무상과실치사

Text

Defendant

A KRW 7 million, Defendant B shall be punished by a fine of KRW 10 million, Defendant C shall be punished by a fine of KRW 10 million.

Reasons

Punishment of the crime

Defendant

C Co., Ltd. is a corporation established for the purpose of collecting and selling aggregate in Cheongju-si, the petitioner, the representative director of the above company, who is in charge of the safety and health management of its employees, and the defendant A is the manager of the building site in Cheongju-gu E (hereinafter “the site of this case”).

1. On June 26, 2018, around 11:00 on the death of workers (the violation of the Occupational Safety and Health Act (Defendant B, Co., Ltd.), occupational negligence (Defendant A), the damaged workers F (the age of 63) of the Co., Ltd. (the age of 63) were engaged in collecting aggregate dump stoness by digging sos.

In such cases, in order to prevent the danger of workers due to the fall of the relevant machinery, ground collapse, etc., Defendant B and A have a duty to conduct a preliminary investigation and record and keep the results thereof. In consideration of the results of the investigation, Defendant B and A have a duty to take safety measures or duty to take necessary measures, such as the type and performance of the relevant construction machinery in the relevant workplace in order to prevent the danger of workers due to the fall of the relevant machinery, the collapse of ground, etc., and the type of the construction machinery used in consideration of the results of the investigation, the vehicle system operation route of construction machinery, the method of work conducted by vehicle meters, etc., and the duty to take necessary measures in accordance with the plan.

Nevertheless, Defendant B and A neglected to perform the above work and have the victim continue to do so, and thus, in the course of the operation of a steep slope during the sofacing season, the victim is the next water at G Hospital around 12:25 on June 26, 2018.