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(영문) 인천지방법원 2015.06.19 2015고단1145
업무상과실치상
Text

Defendant

A and B shall be punished by imprisonment without prison labor for four months.

However, the defendants are for one year from the date when this judgment became final and conclusive.

Reasons

Punishment of the crime

F. The company is a corporation established for the purpose of the manufacture of reinforced glass 5-4, etc. in Sinsul-si 13-ro, Sinsul-ro, 5-4, which is a corporation established for the purpose of the manufacture, etc. of reinforced glass Sheet. It is the company performing the construction of re-subcontracted through the Incheon Bupyeong-gu Office, Incheon, the ordering person, the main contractor, the main contractor, the YD, the main contractor, the Y. The defendant A is a field safety manager of the above company. The defendant A is a person in charge of the construction progress and safety management, and the defendant B is the owner and the main engineer of the CJ, who is requested from the above company to perform the mobile rail mon for the construction of replacement of the above land.

On November 10, 2014, at around 15:55, Defendants used Defendant B’s F mobile stick at the site of replacement of the above landing rail, and had approximately five meters of the 5-meter high of the above E elementary school to cover the tamp of the rail and the tamp of the glass gap in front of the E elementary school.

In such a case, Defendant B, who is engaged in a mobile rail driver duty, is a person in charge of safety control who manages and supervises the entire work site including the above mobile rail work, and Defendant A has a duty of care to check closely whether there is any malfunction on the main parts of the bus boom and the connected part of the transport equipment connected to the bus boom, and to prevent accidents in advance, such as concluding safety pins, etc. in order to prevent accidents, in case where Defendant A, as a person in charge of safety control who manages and supervises the whole work site of the mobile boom, is equipped with a transport equipment and carries a person on board a mobile boom, and where he gets a worker on board by attaching a transport equipment to a mobile boom, he has a duty of care to prevent accidents.

Nevertheless, the Defendants, in violation of the Industrial Safety and Health Act and subordinate statutes, have transportation equipment installed on a mobile cater.

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