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(영문) 창원지방법원 2015.11.12 2015고단1677
업무상과실치사등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2015 Highest 1677] The defendant is a representative of C in Kimhae-si, and is a personal business owner who manufactures vessel components, etc. using two regular workers.

On February 24, 2015, the Defendant directed workers at the above C plant on February 10, 2015, and proceeded with the work of unloading straw (2.5 tons) using a tent straw straw, which had been loaded on the cargo vehicles (five tons).

In handling the aforementioned heavy objects, the Defendant has a duty of care to prepare a work plan for handling heavy objects, including safety measures to prevent risks, such as fall, fall, electric shock, narrow shock, collapse, etc., and to take necessary measures in accordance with the work plan to prevent risks that may occur in the course of handling heavy objects, such as conducting work safely in accordance with the work plan. The Defendant has a duty of care to prevent accidents in advance, such as preventing falling from falling, and safe operation from getting out of the site by using a hick-type mobile camera.

Nevertheless, the Defendant neglected to prepare a work plan for handling heavy objects and failed to take such safety measures as well as to take negligence and failed to properly take such measures, and caused singling labels combining poppy while working in the above plant (hereinafter “victim D, 32 years old”), which was a foreign employee of Cambodian nationality, to fall down in the course of the above work site. In the end, the Defendant: (a) caused the victim by negligence in the course of business as seen above, thereby causing the victim to die with a sing bell that caused the removal of poppy; and (b) did not take measures necessary to prevent the risk of death in the course of performing the work for handling heavy objects at the same time; (c) the Defendant was the representative of C in Kimhae-si, and (d) from December 1, 2014 to February 24, 2015.

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