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(영문) 창원지방법원 마산지원 2018.02.07 2017고단1144
업무상과실치사
Text

Defendant

A A A shall be punished by a fine of 12 million won, by a fine of 15 million won, and Defendant C shall be punished by the imprisonment without prison labor for ten months.

Reasons

Punishment of the crime

Defendant

A is the chief of the H Co., Ltd. in Seongbuk-si, Changwon-si, the chief of the H Co., Ltd. is the chief of the port loading and unloading work. Defendant B is the chief of the above company, and Defendant C is the chief of the port loading and unloading work, and Defendant C is the person engaged in loading and unloading of the

around 08:21 on June 16, 2017, the Defendants performed the work of loading and unloading cargo, motor vehicles, etc. in Norway (67,140 tons) which entered the port of Sungwon-si to load and unload cargo. Defendant A, a general manager of the work, was responsible for loading and unloading cargo using the vehicle, had a traffic signal number assigned to the site to check the surrounding condition before the operation of the cargo, and had the traffic signal number checked the safety rules necessary for the loading and unloading of the cargo. Defendant B had a duty of care to take preventive measures against the accident by conducting pre-training the cargo driver only when the traffic signal number is available. Defendant B, as a on-site manager, was responsible for the on-site manager, to check the surrounding condition of the cargo vehicle before the operation of the vehicle and instruct and supervise the driver of the vehicle to operate the vehicle in accordance with his direction, and Defendant C had a duty of care to take preventive measures to guide the driver of the vehicle in the operation of the vehicle.

Nevertheless, Defendant A did not assign signal numbers to the 1st place of the above vessel, but instructed Defendant C, a cargo driver, to perform loading and unloading work only without providing safety rules necessary for the work. Defendant B must, in the first place of the above vessel, direct Defendant C to wait until he had his own guidance while giving the driver with the above vessel, while giving the direction of loading and unloading.

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