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(영문) 청주지방법원 2018.02.01 2017고단1508
업무상과실치사등
Text

Defendants shall be punished by a fine of five million won.

Defendant

A or B fails to pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is a business owner who actually operates E, a subcontractor, regardless of being awarded a contract for steel production from C, at the business establishment of the Jincheon-gun, Jincheon-gun, Chungcheongnam-gun, and Defendant B is a person in charge of the safety and health of workers belonging to the above factory as the Jincheon Factory of C, and Defendant C is a corporation established for the purpose of steel wholesale and retail business, manufacturing business, etc.

1. Defendant A and Defendant B’s duty of care to prevent accidents by taking necessary measures, such as preparing a work plan and having the Defendants conduct work in accordance with the work plan, on December 26, 2016, on the ground that the Defendants were in charge of safety duties at the above site around 08:27, and at the time employees F were engaged in the work of posting H beam beams using a tent, etc., and in such a case, the Defendants in charge of safety duties had the duty of care to prevent accidents by taking necessary measures, such as having the Defendants prepare a work plan and instruct work according to the work plan.

Nevertheless, the Defendants jointly neglected such duty of care as above, and as a result, around 08:27 December 26, 2017, caused the Victim F (61 tax) to terminate the horizontal lamps in the H beam on the H beam, and rise through the tent clicks, while the horizontal lamps have not been completely terminated.

H The sn beamline was added to the sn beamline, and the victim was sn beamed between the sn beam beamline, resulting in death of the heart voltage and the sn beam at the 09:10 on December 26, 2017.

2. Defendants’ violation of the Industrial Safety and Health Act

(a) When Defendant A’s business owner engages in the work of using loading, unloading, transportation machinery, etc., he/she shall conduct a prior investigation into the relevant work and the topography, ground and geographical layers in the relevant work site, record and preserve the results thereof, prepare a work plan in consideration of the results of the investigation, and have it conduct the work in accordance with that plan.

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