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(영문) 광주지방법원 2015.04.02 2014고단4226
업무상과실치사
Text

1. Defendants shall be punished by a fine of KRW 3,000,000.

2. Defendant A, B, and C does not pay the above fine.

Reasons

Punishment of the crime

Defendant

D A Co., Ltd. (hereinafter referred to as “Co., Ltd.”) is a corporation established for the purpose of the business related to the construction, management and operation of roads, and is a business owner operating the roads business and facility management services of Gwangju Metropolitan City 2 cycle roadF. Defendant C is a representative director in charge of the safety management, such as the prevention of accidents and the prevention of safety accidents with respect to the duties of Jeju 2 cycle road. Defendant A and B, along with the employees belonging to the same company G (4 years of age) around 14:00 on June 3, 2014, stopped a vehicle of a mobile string to the road in the Hridge section at the second cycle of 2:00, and carried out the work of maintaining the drainage pipe of the bridge by moving the string to the outside of the bridge.

No business owner shall allow any employee to transport his/her workers by using a mobile stack, or to engage in his/her work in the status of carrying the workers by carrying them away.

1. On June 3, 2014, Defendant C, and Defendant C had a duty of care to prevent the victim from transporting a bridge, draining pipe, or from carrying a worker by using a portable cream, in the course of having the victim perform the maintenance work at the HJ P3 protection wall site located in the Gwangju Mine-gu around 14:00.

Defendant

A and B had a duty of care to prevent the fall accident by checking whether the connected part of the work unit is properly connected to the shoulder, and to prevent the fall accident.

Nevertheless, Defendant C, who had the victim get on board a work unit connected to a mobile park, shall work for the victim to board the work unit connected to the mobile park, and the defendant A and B shall work for the victim to board the work unit connected to the mobile park.

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