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(영문) 수원지방법원 2019.06.12 2019고단1690
업무상과실치사등
Text

Defendant

A Imprisonment for four months, Defendant B and C shall be punished by a fine of 3,00,000,000 won, and Defendant D corporation shall be punished by a fine of 4,00.

Reasons

Punishment of the crime

Defendant

D Co., Ltd. is a corporation established for manufacturing business in e in e in ethic City, and is engaged in manufacturing semiconductor equipment and parts using 540 full-time workers. Defendant A is a representative director and a person in charge of safety and health management of D Co., Ltd., Defendant B is a deputy head of D Co., Ltd., and Defendant C is a person in charge of overall design and system operation, and Defendant C is a person in charge of mechanical operation as the director of machinery design team in rad storage.

1. On July 25, 2018, part of the occurrence of the death accident at issue

A. On July 25, 2018, Defendants A, B, and C had a duty of care to perform safety measures, such as locking the equipment of the machinery in order to prevent the operation of the machinery at will during cleaning, and posting the work commander to the Defendant A, who is in charge of safety and health management, while conducting tests on the “LO” machinery (LO) installed in D Co., Ltd. 2 Factory located in D Co., Ltd. 2, Ltd., Ltd., Ltd., which is located in YF in Y, and allowing the victim G, etc., who is an employee, to conduct the machinery cleaning. As such, Defendant A, who is in charge of safety and health management, had a duty of care to perform safety measures, such as checking whether Defendants B and C had workers around the aforementioned “LO” machinery test operation.

Nevertheless, Defendant A did not place a commander in the test operation of “LO” machinery, and did not take necessary safety measures such as not putting locking devices in the mechanical operating device. Defendant B and C did not discover that the victim is cleaning under the lifts installed in the “LO” machinery, and the victim was divided into the pressure of the LO on July 26, 2018 by occupational negligence and caused the death of the victim, such as pressure sprinking, etc. around 16:30 on July 26, 2018.

Accordingly, the Defendants’ occupational duties.

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