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(영문) 부산지방법원 서부지원 2019.11.29 2019고단1610

업무상과실치사등

Text

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

Defendant

A or B fails to pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is a person responsible for the safety and health of an individual business owner and his/her employees who engage in transportation business, etc. as a representative of E in Namyang-si, Gyeonggi-do.

Defendant

B A Co., Ltd. is a general manager of safety and health management who is responsible for the safety and health of its employees and contractors, and Defendant C is a corporation owner who is established for the purpose of manufacturing and selling freezing facilities with the head office in subparagraph G of the FF Corporation in Gyeonggi-do, Gyeonggi-do.

Defendant

C Co., Ltd. was awarded 430,000,000 won for the installation of a spathal spathn (speed spathn) from H, and E was subcontracted by C to KRW 25,00,000 for the transportation of parts, such as the basic framework.

1. Defendant A’s business owner must take safety measures, such as attaching goods, materials, and members so that they do not go beyond the scope of safety measures, and must provide safety caps to workers engaged in any work that falls or is likely to fall off at least the number of workers and wear safety caps. In handling heavy objects, Defendant A’s business owner has a duty of care to thoroughly take safety and health measures, such as preparing a work plan including safety measures to prevent danger, such as fall, fall, electric shock, etc., in order to prevent danger to workers, and allowing them to perform work in accordance with such plan.

Nevertheless, at around 09:40 on January 3, 2019, the Defendant did not take measures to make the victim J (year 56) who is an employee belonging to the company located in Gangseo-gu Busan Metropolitan Government I to carry out the work of installing a basic frame by spouting the weight of 447km equivalent to that of the goods, materials, and members, etc. while having the victim J (year 56) carry out the work of installing a basic framework.