beta
(영문) 수원지방법원 2013.04.26 2012고단5610

업무상과실치상

Text

Defendant

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

The above fine is imposed against the Defendants.

Reasons

Criminal facts

Defendant

B is a person who has been in charge of the overall management of the work using the digging devices, such as the internal excavation work at D in the ethic City of C, and the defendant A is a person who has been in charge of the excavation work at the above site under the direction of the defendant B.

Defendant

B around December 24, 2011, for the loading and unloading of steel bars arriving at the above site, the Defendant A instructed the victim E (58 years of age) to load and unload approximately 2 tons of steel bars loaded in F 11 ton of cargo vehicles using the f. A, according to the direction of the Defendant B, the Defendant A was to load and unload the steel bars loaded in the above cargo vehicle using the f.1 ton of the f.

However, as in this case, when loading and unloading of steel bars, etc., the weight of unit cargo exceeds 100 kilograms, Defendant B, a work leader, had a duty of care to direct and supervise the work using the loading and unloading transport equipment for vehicles such as caters or forkicks, etc., and Defendant A, a work supervisor, had a duty of care to ensure that the steel bars do not cause damage to the victims in the vicinity.

Nevertheless, Defendant B violated such duty of care, and ordered Defendant A to perform the loading and unloading work on a clicker, which is not the loading and unloading transportation machinery for vehicles. Defendant A breached such duty of care, and Defendant A, in the course of carrying out the work of cutting the clocks below the cargo loaded on the said cargo in sequence, reduced the victim into the clocks of the victim, while one end of the steel clocks of the steel clocks of the victim, and the clocks down to the clocks of the victim.

Ultimately, the Defendants jointly do so.