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(영문) 춘천지방법원 속초지원 2019.07.24 2018고단340
업무상과실치상
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who operates a stock company C (hereinafter “instant company”) for the purpose of food manufacturing and processing business, etc. in Sinsi-si B, and is responsible for the management and supervision of safety, etc. of the employees of the instant company.

On August 22, 2017, the Defendant: (a) had an employee working in the pre-treatment room of the instant company interfered with his work; (b) had the victim D (at the age of 45) who worked in the pre-treatment room work in the pre-treatment room; and (c) had the victim cut the chickens in the pre-treatment room at around 16:45 on the same day and cut it, or roding it into the cry, or melting the cryle.

In such a case, the Defendant: (a) when washing the growth cut machine that takes up several hundreds of the revolving the revolving day, he shall open a cover and clean it by cutting the string day as specified in the specifications of the machinery; (b) as he knows that there is a concern for entering the string day when contact with the hand-on or worn-out locks, etc.; (c) so, the Defendant is obliged to give the worker an instruction of his duties so as not to cause any accident by sufficient safety education about the method of use, danger, and cautions; and (d) when the worker handles the machinery that takes place on the day, he has a duty of care to use the strings that do not pose any danger of harming the hand-on by taking the hand, such as the string, etc., which is well adhered to the worker’s hand.

Nevertheless, the Defendant neglected the above duty of care and did not fully conduct safety education, such as the method of using rearing cutting gear and cleaning method, and paid a large amount of strings that do not be pushed down to the injured party’s hand, thereby allowing the injured party to work. In the course of washing the growth cutting engine, the injured party was worn on his left hand.

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