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(영문) 대전지방법원 천안지원 2013.06.14 2013고정428
업무상과실치사등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, the representative of the cleaning service chain B, is a person who is entrusted with the cleaning services, etc. of Samsung Fdflas (ju) and the Addflas (ju) center located in Samsung C&T 181, from September 1, 2012 to May 31, 2013, and is responsible for the safety and health management of workers under B employed in the said place.

A business owner shall suspend the operation of the relevant machine, in cases where the operation of such machine is likely to cause danger to workers in the course of maintaining, cleaning, oil supply, inspection, repair, replacement, or adjustment work of machinery, transportation machinery, construction machinery, etc., or other similar work.

The defendant has his employees perform cleaning work, such as entering a Belgium to move the second floor of the sewage treatment plant to the 3rd floor of the sewage treatment plant, and treating sludge away from the floor.

The above consortium mark is about 50 meters in length, about 1.5 meters in width, and in ordinary times, if the sludge generated after treating wastewater falls on the consortium mark, the consortium mark is installed automatically. Thus, the defendant, the user, can operate in cleaning, and has a duty of care to stop the consortium prior to cleaning and enable workers to work in a safe environment.

Nevertheless, on November 8, 2012, the Defendant: (a) caused the negligence that did not stop the consortium mark in order to let C (the 49-year-old) (the employee) perform cleaning work at the place where the Belgium was installed to transport the second-class waste water treatment room of the 3rd floor in the Green Center; and (b) caused the victim, who was engaged in cleaning work, to have his body towed the consortium mark with the consortium-dong and the Belgium.

Ultimately, the Defendant above.

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