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(영문) 광주지방법원 순천지원 2015.10.16 2015고정735
업무상과실치사등
Text

Defendants shall be punished by a fine of KRW 7,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. The defendant A, as the representative director of a limited company B, is a person in charge of safety and health management for the employees belonging to the limited company B, and the defendant limited company B is a business operator who uses two full-time workers and carries out plastic type of business.

2. Defendant A

(a) A business owner who has occupationally caused death and has violated the Occupational Safety and Health Act shall load cargo on the basis that there is no risk of subsidence in the event of loading, and shall not load cargo on the basis that there is an unstable level of height;

around 16:50 on March 19, 2015, the Defendant used D's shop (3 tons) for plastic transport in the workplace of a limited liability company B located at Macheon City, and tried to move for plastic transport. At that time, plastic sculptures crushed at approximately 1.5m height were accumulated, and there was a tensiond plastics (weight approximately 600km, width 20cm, length 10cm, height 10cm, height 100cm, and hereinafter referred to as "the head plastics"), and the victim E (68 years old) who is the employee of B of the limited liability company, was repairing the transmission machine on the front side of the said tea.

Therefore, the defendant, who is engaged in the driving duty of the fork owner, had a duty of care to safely drive the vehicle by checking whether there is a person around the fork owner's vehicle and the right and the right and the right and the right and the right of the person.

Nevertheless, the Defendant, while neglecting the above duty of care, operated the vehicles to commit so that the victims of plastic sculptures, who were loaded in unstable state, was forced to suffer from the decline in plastic sculptures.

On March 19, 2015, the Defendant’s occupational negligence caused the victim’s death at the Jeonnam University Hospital located in the Dong-gu Seoul Metropolitan City on March 21, 2015, due to inter-clusation and damage to blood transfusion, and at the same time caused the victim’s death.

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