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(영문) 의정부지방법원 2019.02.01 2017고단5851

업무상과실치사등

Text

1. Defendant A’s imprisonment with prison labor for 10 months, Defendant B’s imprisonment for one year and six months, Defendant C Co., Ltd for a fine of 10,000,000 won.

Reasons

Punishment of the crime

Defendant

D Co., Ltd., Defendant F, and Defendant E Co., Ltd. are corporations established for the purpose of each construction business, which are corporations established for the purpose of each construction business, and the business owner (the equity ratio: D70%, F18%, and E 12%) who jointly performs the construction business after being awarded a contract for the amount of 71,083,253,000 won from G located in Sincheon-si. Defendant C Co., Ltd is a corporation established for the purpose of construction business and entered into a construction machinery lease contract with Defendant D Co., Ltd. to lease roller (J) from June 28, 2017 to December 31, 2017. Defendant B is a corporation owner who is in charge of safety and health affairs of its employees, and Defendant A is a representative director who is in charge of safety and health affairs of the employees belonging to C Co., Ltd. as a corporation.

1. Defendant A

(a) In cases of harmful or dangerous works prescribed by Ordinance of the Ministry of Employment and Labor, no employer of a teacher who violates the Occupational Safety and Health Act, occupational negligence, death, or construction machinery management shall allow any person other than those with qualifications, licenses, experience, or skills necessary for such works to do so, and no person who intends to operate construction machinery shall obtain a construction machinery operator's license from the head of a Si/Gun/Gu, and allow any person who fails to obtain a construction machinery operator'

Nevertheless, the Defendant allowed a victim K (year 61) to drive the roller leased at the same construction site from around July 19, 2017 to around 13:45, when the Defendant had the victim K (year 61) drive the roller without the construction operator operator's license, and the victim operated the roller and operated the roller on the ground, while the roller's oil pressure was flowed, and the roller followed by the slope.