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(영문) 청주지방법원 2018.06.07 2017고단1773
업무상과실치사등
Text

Defendant

A Imprisonment of 1 year and 2 months, Defendant B’s imprisonment of 8 months, Defendant C and E respectively, and Defendant.

Reasons

Punishment of the crime

Defendant

D Co., Ltd. (hereinafter referred to as “D”) is a corporation established on July 1, 2014, the head office of Seo-gu K and 104 in Seo-gu, Cheongju-si, and established on July 1, 2014 for the purpose of construction business, and is a business owner who takes charge of the internal repair works of the factory located in Seo-gu, Seo-gu, Seoul. Defendant C is the head of the department affiliated with Defendant D, and Defendant B is an individual business owner who engages in construction business under the trade name of N, and Defendant B entered into a transportation service agreement with Defendant A, a mobile-type driver, who is a mobile-type driver, with Defendant A, with the part of the construction works in the above construction site from Defendant D, and had the victims P (53 years of age), victims P, victim Q (48 years of age), and victim R (36 years of age) work at the center of the instant construction site.

1. Defendant A, Defendant B, and Defendant C’s occupational injury, occupational injury, death or injury, and violation of the Industrial Safety and Health Act by December 12, 2016, Defendant B and Defendant C were in charge of safety management at the construction site around December 13, 2016. Defendant A driven a S mobile cke, while driving the cke on the boarding equipment attached to the said cke, and moved the victims to the above factory roof for the work of the board.

In such a case, Defendant A has to take necessary measures to prevent harm and danger as a person leasing a mobile camera owned by the Defendant at the construction site, and (2) shall not have workers aboard the illegally remodeled boarding equipment; and (3) even if it was inevitable to board, Defendant A did not take such measures as checking the above mobile camera in advance and issuing a document stating the details of repair, repair and inspection of the relevant machine, manufacturing date of the main parts, etc., despite the duty to check safety devices for the above boarding equipment in advance.

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