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(영문) 수원지방법원 여주지원 2021.03.31 2020고단1304

업무상과실치사

Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

If A and B do not pay each of the above penalties, each of them shall be 100.

Reasons

Punishment of the crime

Defendant

C A corporation is a corporation established for the purpose of collecting, transporting, and disposing of wastes, such as waste plastics, and Defendant B is a manager of C corporation, who actually controls and manages all matters concerning the safety and health of workers at D's waste disposal work site located in C corporation (hereinafter "work site of this case"). Defendant A is a person affiliated with C corporation and works as a boomer at the work site of this case, and Victim E (Korean nationality in Bangladesh, South, and 38 years old) is a person affiliated with C corporation and worked as a waste disposal worker at the work site of this case.

1. Around May 11, 2020, Defendant B violated the Industrial Safety and Health Act, due to Defendant A’s occupational injury, actual injury, and death or injury, and Defendant B’s violation of the occupational safety and health law, which caused Defendant A and the victim to carry out the work of transporting compressed wastes by using booms when the victim cut off steel bars which are linked to compressed wastes.

There are places where compressed wastes with a weight of 850km reach 8, are transported by sckes, vehicles, etc., which are construction machinery for vehicle meters, and in such a case, the business owner shall take measures necessary to prevent industrial accidents caused by defective work methods, etc. in the course of excavating, quarrying, loading, unloading, timbering, transporting, operating, dismantling, handling heavy objects, etc. In such a case, the business owner shall prepare a work plan to prevent the danger of workers, and have him/her perform work in accordance with the work plan when he/she prepares a work plan to use the loading and unloading machinery for the vehicle system, he/she has a duty of care to designate the conductor and instruct work in accordance with the work plan, and drive sckes.