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(영문) 청주지방법원 2017.06.29 2016고단2945

업무상과실치사

Text

Defendant

A Imprisonment without prison labor for six months, and for six months, each of the defendants D shall be punished by imprisonment.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

C A corporation is a corporation established for the purpose of mining aggregate processing business, etc., and is a business owner who performed construction works in Chungcheong F, and Defendant B is a representative director of C corporation and a person in charge of safety and health management.

Defendant

A Co., Ltd. is a corporation established for the purpose of mining aggregate processing business, etc., and the business owner awarded a contract for the collection and crushing of aggregate from the above construction site by the above C Co., Ltd., Defendant D is the representative director of the above E Co., Ltd., and Defendant A is the safety and health manager of workers, and Defendant A is the site manager of the above aggregate quarrying work site (hereinafter “the construction site of this case”).

1. Defendant A has a duty of care to prevent any danger of electric shock caused by electric power failure, such as taking necessary measures to prevent any danger of electric shock caused by any breakage of electric power lines, etc. which might be contacted during work in order to prevent risks caused by electric machinery and tools, and having a duty of care to prevent any electric shock accident due to electric shock, such as electric power failure, and installation of electric power circuit circuit breaker for the purpose of prevention of electric shock.

Nevertheless, the Defendant neglected to perform the above duty of care at the construction site of this case on July 12, 2016, and neglected to leave the cable covering 220 V exchange AC, and did not have any contact with the electric machinery, and caused negligence on the part of the E Workers Co., Ltd. (42 years of age) of the victim G (the “Chosaw”) of the E Workers Co., Ltd. (the “Chosaw”) to verify whether the contacter (the name “Cho”) was operated in both hands to check whether the contacter was operated or not.

Accordingly, the Defendant caused the death of the victim by occupational negligence at around 15:57 of the same day.