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(영문) 제주지방법원 2012.12.28 2012고단711

업무상과실치사등

Text

Defendant

A shall be punished by imprisonment with prison labor for one year, and by imprisonment with prison labor for eight months, respectively.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B is a person who has overall control over the business affairs of the Korea Forest Branch Co., Ltd. as a managing director and the Korea Forest Branch, and the defendant A is a person in charge of the D Cargo Inspection.

Defendant

A around 17:40 on February 14, 2012, around 17:40 on Jeju, performed the work of moving containers loaded in Trepers to a open-air yard without obtaining a construction machinery operator's license, operating Hker (16 tons).

In such a case, the Defendants are able to contact the cargo in the loading or unloading of containers, so they are prohibited from having access to the place of work or assign a leading person or a leading person to the place of work, and Defendant B has a duty of care to prevent accidents in advance by preventing Defendant A, who has no operator license of construction machinery from operating it in advance.

Nevertheless, the Defendants did not discover the victim I ( South and 28 years old) who had been engaged in cargo tallying work in front of the container in the open container while the Defendants were negligent in performing the above duty of care and operated the container moving work with Defendant A, but did not find the victim I ( South and 28 years old) while driving the container in the open container, and agreed with the victim as they were when they moved the container in the open container.

As a result, the Defendants jointly and negligently neglected the duty of care and caused the victims to die due to the cardiopulmonary suspension due to the narrowing of the breast part on the job.

Summary of Evidence

1. Each legal statement of the defendant A and B;

1. Statement of each police statement to J and K;

1. Investigation report (Attachment, such as site photographs), investigation report (stampers and field photographs);

1. Application of Acts and subordinate statutes of a death certificate;

1. Defendant A of the relevant criminal facts: Article 41 Subparag. 2 of the Construction Machinery Management Act, the main sentence of Article 26(1) (the occupation of operating a license without permission and the choice of imprisonment), Articles 268(1) and 30 of the Criminal Act.