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(영문) 창원지방법원 2016.11.23 2016고단3254

업무상과실치사등

Text

Defendant shall be punished by a fine of five million won.

Reasons

Punishment of the crime

B is a person in charge of safety and health management for workers employed by the former representative director of A, and the defendant A is a corporation with the purpose of manufacturing ship bags.

1. B around June 29, 2016, around 09:10, 2016, at the new control factory Maritime Co., Ltd. A located in Kimhae-si C, and the victim D (the age of 57) who is an employee of the above A, had the victim D (the age of 57) who is an employee of the above A move the bracer's steering seat through the internal fixed bridge of the Pedestest (85 tons) installed in the lower part of the bucker (the 85 tons).

In such cases, since the above work site is a place where workers might fall down at the risk of falling, B, which is responsible for the safety of workers, has a duty of care to prevent accidents caused by fall in the course of using the passage by maintaining at least 60cm from the upper end of the bridge when constructing a bridge-type passage, and at least 90 degrees when using the bridge-type passage.

Nevertheless, in building a fixed bridge inside the above Pedestestestest (Pedest), B exceeded 15 cm from the upper end of the bridge to the point where it was set over, and caused the 95.38 degrees from the passage of the shooting bridge-style path, and the victim lost the balance of body and fell into the 3rd floor below 3.2m on July 3, 2016, and caused the victim to death from brain in Busan National University Hospital located in 179, Seo-gu, Busan, Seo-gu, Busan.

Accordingly, the defendant, who is an employee of the defendant, did not take necessary measures to prevent the risk of workers as above, thereby causing the death of the victim.

2.With respect to breach of the duty of safety measures, the business owner shall be the workers as the end or opening part of the working board and passage.