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(영문) 창원지방법원 2013.08.30 2013고단1720

업무상과실치사등

Text

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

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

B A corporation is a business owner who runs a general waste collection and transportation business, interim disposal business, etc. using 56 full-time workers in Kim Sea-si, and Defendant A is a representative director of the above company and is a person in charge of safety management of workers

1. Defendant A’s business owner had a duty of care to prevent the occurrence of an accident by installing or restricting access to the parts, such as a machine’s engine, electric shock, fishing, swimming, fluor, wheel chairs, bell, and slick, etc. on the parts where the workers are likely to face danger, and by doing so, the business owner’s duty of care under the Occupational Safety and Health Act to prevent an accident.

Nevertheless, the defendant, the representative of the above B Co., Ltd., did not take such safety measures as above in the consortium No. 2 factory 1 of the above business place.

Accordingly, at around 14:30 on August 9, 2012, the victim F (the 47 years of age) who is an employee of the above company that had worked under the above consortium was to narrow head and chest between the above consortium and the floor.

Accordingly, the Defendant, as the representative of the B Co., Ltd., violated the obligations under the Occupational Safety and Health Act, and at the same time caused the death of the victim due to the above occupational negligence due to the damage of two parts and chests at the same time.

2. The above A, the representative of Defendant B Co., Ltd., committed an act of violating the duty under the Occupational Safety and Health Act, such as Paragraph 1, in relation to the Defendant’s business at the same time and place as Paragraph 1.

Summary of Evidence

1. Defendant A’s legal statement

1. Each police statement of G and H;

1. A report on the occurrence of serious accidents, and a statement to investigate serious accidents;

1. Application of Acts and subordinate statutes on investigation reports (as to the attachment of a copy of records of variable cases);

1. Article applicable to criminal facts;

A. Defendant A: Violation of duty to take safety measures under Articles 71, 66-2, and 23(1) of the Industrial Safety and Health Act.