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(영문) 대구지방법원 2017.04.19 2017고정191
업무상과실치사
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person in charge of safety management as the actual operator of C&A, and the victim D(48) is an employee who carries on transportation of steel goods, such as steel plates, from the above company.

On May 9, 2016, around 18:14, the victim loaded 2 multiple steel pipeline pipes (7m in length x 48.6m in diameter x 150m in total, and 2.5m in total) on the vehicle of the above company, and operated the above vehicle and unloaded the steel pipe on the side side of the balle paddy field located in the Cheongbuk-do E, Cheongbuk-do, the delivery site.

However, there was a danger that steel pipes may fall below the lower level among the attempts to load and unload steel pipes, because steel pipes are frighted, and the surface is slick and slicked, and there was no support cost for loading and unloading steel pipes.

In such cases, when the defendant performs the work of loading and unloading transportation of vehicles and handling heavy objects in order to prevent the danger of workers, he/she has a duty of care to take safety measures to prevent accidents that occur due to the improper work methods, etc. when he/she takes the work of handling heavy objects, such as preparing a work plan including safety measures to prevent the fall, falling, falling, electric shock, narrowing, collapse, etc. according to the relevant work, and performing the work in accordance with the plan, etc., and to take safety measures to prevent the danger caused by the improper work methods, etc. in preparation for the case of the fall of the steel pipe, and to install the support stand for the vehicle in preparation for the case of the fall of the steel pipe, and to have the victim perform the work in the opposite direction that the steel pipe falls off, and to wear the safety wear the steel pipe.

Nevertheless, the Defendant did not take safety measures, such as preparing the aforementioned work plan according to the pertinent work in order to prevent the danger of workers, and allowing the workers to work accordingly, in the course of handling heavy goods, which load and unload the pipes of the above steel.

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