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(영문) 춘천지방법원 영월지원 2015.02.06 2014고단371

업무상과실치사등

Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. The defendant A is the representative director of the corporation Eul located in Incheon-si, who is a general manager in charge of safety and health of workers belonging to the above place of business.

When workers working in the above workplace perform the work of loading or unloading of cargo, the weight of which exceeds 100 km in units, such as the truck, etc., the defendant shall set the work order and the order thereof, and have the conductor of the relevant work command the work, and after checking that there is no danger that the cargo does not fall into the category of the cargo loaded, the defendant shall conduct a preliminary investigation into the work in question, the geographical area and geographical area of the workplace, the condition of the ground, etc. in order to prevent the danger of the workers in the course of performing the work of handling heavy objects, and there was a duty of care to prevent accidents in advance by preparing a work plan including safety measures in consideration of the results of the investigation and informing the relevant workers of the plan.

Nevertheless, around March 25, 2014, the Defendant ordered the Victim F (55 years of age) who is an employee of the said place of business to load, deliver, and supply approximately one ton of the C-type 35 of the aggregate in the construction site of the building located in Gangseo-gun G in Gangwon-gun G, and had the victim deliver, deliver, and supply the cargo alone without designating the person under command, and did not know that the new construction site is a sloped topography because the failure to prepare a work plan and did not notify the victim of the work plan at all, by negligence, the victim, who did not know that the new construction site is a sloped topography, arrived at the new construction site and did the work of unloading the C-type in the said truck, and used the C-type lecture, which was taken place in loading the cargo vehicle, and covered the victim

Ultimately, the Defendant is guilty of occupational negligence in failing to take safety measures as above.