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(영문) 대전지방법원 서산지원 2019.05.29 2019고단82
업무상과실치상등
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, as the representative director of C, a corporation operating slaughter business and meat manufacturing business, was in charge of the management of facilities, work instructions, etc. of C's worries and slaughterhouses, and the victim D(67) was in charge of transporting E1 ton cargo vehicles, and the victim F(77) was in charge of the slaughter of cattle.

The head of the mooring place is a place where a lawsuit is to be unloaded and unloaded before being moved to a slaughterhouse, and the lawsuit for loading and unloading of a slaughterhouse is likely to cause accidents, such as unfolding the person who performed loading and unloading work without entering the mooring place and slaughterhouse due to odor, etc., and thus, the defendant, who takes charge of the facility management and work instructions of the mooring place and slaughterhouse, has a duty of care to safely load loading and unloading work by guiding the employees managing the slaughterhouse to avoid direct contacts, such as entering the mooring place in the same space as the cattle in the course of loading and unloading work and to prevent accidents.

Nevertheless, the Defendant was negligent in the course of duties, which provided guidance to safe work or opened a well-known box before the employee’s work hours at work without indicating his/her attention, to perform loading and unloading work. On March 27, 2018, around 05:05, the Defendant received the victim D’s head and continued to receive the victim F’s head and head from the victim F’s head.

Ultimately, the Defendant’s occupational negligence caused the victim D to give approximately six weeks of treatment.

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