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(영문) 울산지방법원 2018.10.11 2017고단4559

업무상과실치사

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[Defendant A] The defendant is punished by imprisonment without prison labor for six months.

[Defendant B] The defendant shall be punished by a fine of three million won.

Reasons

Punishment of the crime

1. The Defendants’ related E Co., Ltd. is a business owner executing “G Corporation” in Ulsan-gun F, Ulsan-gun, and D is a person in charge of safety and health management of the said Corporation as a site warden belonging to E Co., Ltd.

E Co., Ltd. has contracted to C Co., Ltd. a part of the above construction, and C Co., Ltd. is a business owner who executes the above “Maritime Construction II,” and Defendant B is a person in charge of safety and health management of the above “Maritime Construction II” as a site manager of C Co., Ltd.

Defendant

A is a driver of H concrete pumps at a new site on the side of J type II of the above "Maritime Construction Work II", who is engaged in the work of transporting concrete from a concrete mixture truck to a fluorial transport.

2. On June 8, 2017, from around 07:00 to around 17:00 of the same day, Defendant A was engaged in the work of transferring I 15 tons of concrete mixtures trucks from H concrete pumps to J-style land at the site of the above offshore construction work II located in Ulsan-gun, Ulsan-gun, Ulsan-gun.

At the time, the Defendant engaged in light work 15:40 and resumed light work 17:00 after the waiting time of about one hour and 20/10. As such, when the waiting time becomes long, excessive pressure may be caused by the string of concrete pumps due to the gas generated from concrete landscaping and concrete, and resulting in the string, line, etc., which may cause other workers. As such, the Defendant, who drives a concrete pumps, has a duty of care to check the status of the string and check the status of the string before the resumption of other snow works.

Nevertheless, at around 17:00 on June 8, 2017, the Defendant resumed the work of moving concrete mixed concrete from the former concrete building site on the part of J-type.