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(영문) 인천지방법원 2017.04.20 2016고단8911
업무상과실치사등
Text

Defendant

A In 8 months of imprisonment, Defendant B was sentenced to six months of imprisonment without prison labor, Defendant C was sentenced to a fine of KRW 2,00,000, and Defendant D.

Reasons

Punishment of the crime

1. Defendants A and B’s work performance and death and injury Defendant A are a daily worker who is in charge of loading and unloading the sloping beamline belonging to Defendant D Construction Co., Ltd. (hereinafter “Defendant Company”), a subcontractor in the steel field at the site of new construction of the Seo-gu Incheon, Seo-gu, Incheon, and Defendant B is a person who is a manager at the construction site belonging to the Defendant Company, and is a person in charge of managing the work process and safety.

On October 20, 2016, from around 13:40 to 14:00 on the same day, the Defendants used G7 tons of G7 tons at the site of F Construction to load and unload the sn beam of the sn beam to the victim H (58 tax) of this I Tr.

In such a case, Defendant A, who was engaged in loading and unloading using a truck transporting vehicle, has a duty of care to take safety measures, such as checking the passage of people around the loading and unloading site, checking whether there is no danger factor within the radius of work, and Defendant B, a person in charge of on-site safety management, has a duty of care to take safety measures, such as posting a conductor or an guide, prohibiting him from entering and leaving a place of work and confirming the driver's license in order to prevent safety accidents.

Nevertheless, the Defendants neglected to confirm that dangerous work takes place, and did not control Defendant B’s work site or place auxiliary workers, guide, signal numbers, etc., and Defendant A did not discover that there is a victim adjacent to her in a state where construction machinery license was not obtained on October 20, 2016 at around 14:00, and Defendant A did not properly manipulate the her sn beam beam with the sn beam loaded on I Trr while loading and unloading the sn beam with the sn beam, which was at a height of 2.2 meters (referring to the length of 6.5 meters, weight of 400km).

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