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(영문) 광주지방법원 순천지원 2016.06.29 2015고정790
업무상과실치사등
Text

The defendant shall be innocent.

Reasons

1. The facts charged D Co., Ltd. is a business operator who engages in transporting freight from G to H using a ship, such as E and F, and Defendant A is a business operator who employs five full-time workers in the name of D Co., Ltd. as the actual operator of D Co., Ltd. and transfers freight transported by the ship of the said D Co., Ltd. to the land transport company.

I is the representative of the J that carries out loading and unloading services, and J is a business operator that carries out loading and unloading of cargo in H by being awarded a contract for loading and unloading of cargo from D Co., Ltd and Defendant A.

A. On December 24, 2014, when the cargo transported by the use of the ship of D Co., Ltd. from G in violation of the Occupational Safety and Health Act, arrives at H, the J used the cargo to transport it to the loading station located in H (hereinafter “instant loading and unloading station”). The victim K (64 years old) employed by the Defendant A from October 2014 to the loading and unloading station, after confirming the number of the container at the instant loading and unloading site, and informing the driver to whom J belongs of the cargo carrying the cargo loaded in the container while informing the driver.

Where a part of a business carried on at the same place and a contract is made by the business owner, he/she shall take measures to prevent industrial accidents that may arise when the workers employed by him/her and those employed by his/her contractor work at the same place, and constitute a safety and health consultative body with the contractor, and where any work is carried on by using station transport machinery under the direction of vehicles, he/she shall conduct a prior investigation into the topography, ground and ground level in the workplace and prepare a work plan in consideration of the results of the investigation in order to prevent any danger to the workers, and conduct the work in accordance with the plan, and guide the reverse transport machinery to the vehicle by placing a conductor, except where he/she conducts

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