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(영문) 의정부지방법원고양지원 2020.11.25 2020고단1987

업무상과실치사등

Text

Defendants shall be punished by a fine of three million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) is a company established for the purpose of manufacturing, installing, repairing, etc. elevators in Kimpo-si, and Defendant A is a person in charge of safety and health management who performs duties concerning safety and health of employees belonging to the company as the representative of the Defendant Co., Ltd., and D (Suspension of Prosecution on the same day)

1. A business owner of a defendant shall take measures necessary for the prevention of danger caused by machines, tools and other equipment in running his/her business, and when installing, assembling, repairing, inspecting or dismantling an elevator at the workplace, he/she shall appoint a person to command work and carry out work under the direction of the person concerned, and indicate the purport thereof in an area where work is to be carried out in and where persons other than the relevant workers are prohibited from entering the area where work is carried out and indicate the purport thereof at a place easily visible, and where the operation of the relevant machine is likely to cause danger to workers in the course of carrying out the maintenance, cleaning, oil testing, repair

On November 18, 2019, around 14:53, the Defendant: (a) had the victim G (ma, 58 years old) and H perform the work of removing the entrance paths and elevator protection films of the “military transit system” elevator, which is operated in conjunction with the two prices of the elevator, and assigned D as the field manager.

In such a case, D, who is the defendant and on-site manager, appointed a person to command the work and carry out the work under the direction of the person in question, prohibited the entry of a person other than the relevant worker in the area where the work is to be carried out, and displayed the purpose in a place easily visible, and there was a duty of care to stop the operation of the elevator.