업무상과실치사등
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, although it can be sufficiently recognized that D Co., Ltd. operated by the defendant contracted for the loading and unloading business, and that the defendant did not take measures to prevent industrial accidents that the defendant should carry out as a contractor, the court below acquitted all of the facts charged in this case. The court below erred by misapprehending the legal principles and misapprehending the legal principles.
2. Determination
A. The summary of this part of the facts charged is that D Co., Ltd. is a business operator who carries freight from G to H using a ship, and the Defendant is a business operator who employs five full-time workers in the name of D Co., Ltd. as the actual operator of D Co., Ltd. and hands over freight transported to H by the vessels of D Co., Ltd. to the land transport company.
J is a business entity that is contracted by D Co., Ltd and the Defendant to perform cargo loading and unloading work in H.
1) On December 24, 2014, J in violation of the Act on the Law on the Safety and Health of Industry and the Death and Injury from Office on December 24, 2014, when the cargo transported by the ship of D Co., Ltd. arrives at H, the cargo that needs to be classified by the place of destination is transported to H (hereinafter “instant loading and unloading site”) using the vehicle for which the cargo loaded is loaded, and the victim K (64 years old) sent the truck driver affiliated with J to notify the driver of the instant loading and unloading site of whether the cargo loaded in the container is loaded.
Where a part of a business carried on at the same place and which has been awarded a contract, the business owner shall take measures to prevent industrial accidents that may arise when the workers employed by him/her and those employed by his/her contractor work at the same place, and constitute a consultative body on safety and health with the contractor, and where any work is carried on by using station transport machinery under the direction of vehicles, it shall be done on the workplace to prevent hazards to workers.