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(영문) 수원지방법원 2014.04.14 2012고단4777
업무상과실치사등
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.

Defendant

A above.

Reasons

Punishment of the crime

1. As the representative director of Defendant B, Defendant A is a business owner responsible for the safety management of his employees, who is a person in charge of the work performed in the chemical plant E at the Sungsung Motor Vehicle Co., Ltd., Ltd., which is located in 1714 E-mail. A.

On July 31, 2012, the Defendant ordered the Defendant to conduct the business of cleaning her lele-days and the H beam beam line at the assembly commencement room in the above chemical plant around 19:40 on July 31, 2012, and the victim F (Nam, 39 years old) who had worked as an employee belonging to the Defendant and completed day work until the day of the day, as an employee belonging to the Defendant, at approximately 8.5 meters high.

In such a case, the safety manager who instructs work at a high working stand, which is not less than 2 meters in danger of falling, has a duty of care to take safety measures necessary to prevent the fall risk, such as informing workers of the specific danger accompanying work in advance, providing safety equipment, and allowing workers to work within the work stand, on the other hand, in consideration of the fact that the worker's ability to exercise due care is reduced when engaged in night work in the day, and the safety rules are revened again, and if the worker's skill and experience is reduced, the safety rules have a duty of care to take safety measures necessary to prevent the fall risk, such as allowing workers to work together with other workers who can supplement it.

Nevertheless, the Defendant neglected this and did not take measures to call attention to safety rules separately before night work, or to have other workers with experience in training and experience work together, so the victim is required to move to the complaint work unit with the help of another person and work by moving to the complaint work unit with the help of another person.

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