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(영문) 대구지방법원 의성지원 2014.02.06 2013고단301
업무상과실치사등
Text

Defendants shall be punished by a fine of five million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A as the representative director of Defendant B (hereinafter referred to as “Defendant Company”), is the person in charge of safety and health management of the Quarrying (branch D) of the Defendant Company located in Gyeongbuk-gun Co., Ltd. (hereinafter referred to as “Defendant Company”), and the Defendant Company is a corporation with the aim of collecting forest aggregates.

1. Defendant A

(a) In conducting quarrying operations, a business owner violating the Occupational Safety and Health Act is obligated to inspect the work site and the surrounding ground condition, the existence and condition of brinites, water, water and winter conditions on the same day before starting the work in order to prevent hazards to workers due to ground collapse or falling and falling of earth and rocks, and to check whether or not there is any stone, standing trees, etc. in and around the blasting place and their surroundings, and to take necessary measures to prevent hazards, such as removing in advance earth and rocks, standing trees, etc. which are likely to cause danger to workers due to collapse or falling, or installing a protective network, etc. In order to prevent hazards to workers due to ground collapse, excavation machinery, etc., he/she shall conduct a preliminary investigation and record and preserve the results thereof, and shall prepare work plans including the distinction between strips and excavation of pits and the methods of collecting stone, etc. in accordance with the work plans in consideration of the results thereof;

Nevertheless, at around 11:25 on November 1, 2013, the Defendant failed to perform the above duties in order to require F workers of E, who leased softeners in the above quarrying, to use softeners to dump trucks with rocks collected using softeners.

B. As above, the Defendant, as the representative director of the Defendant Company, is a person who exercises overall control over the tasks such as direction and safety management at the quarrying work site.

The defendant above A.

Because of the falling of earth and stones, such as the entry in the port.

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