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(영문) 인천지방법원 2018.08.22 2018고단1378
업무상과실치사
Text

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

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendant

B under the trade name of “C”, the main owner of the business that operates a general warehouse business is a person in charge of overall management of matters concerning safety and health of its employees, and the Defendant A is an employee of the said “C” and the employee of the said “C” is a person engaged in the operation of the D in the workplace.

Defendant

B around October 23, 2017, around 08:10, at the cargo unloading site of “C” located in Seo-gu Incheon, Seo-gu, Incheon, the cargo loading station of “C”, Defendant A and the victim F (23 years) had employees belonging thereto work to transport and load and unload them at the storage in the workplace by carrying approximately 2t, street 24 cm, length 24 cm, length 122 cm, length 122 cm. Accordingly, the Defendant A operated the said vehicle to load and unload them.

In such cases, in order to prevent any danger to workers, a business owner shall prepare a work plan including preventive measures such as the fall, fall, electric power failure, narrowing, collapse, etc. in accordance with the relevant work, and matters concerning the route of operation and work method of the fore-board vehicle in order to prevent the danger, and shall perform work in accordance with the work plan. In the event of conducting work using fore-board vehicles, a business owner has a duty of care to prevent accidents by failing to place a conductor or an guide at the place where the employees are in contact with the cargo being unloaded or transported, or at the place where the employees are likely to suffer danger due to on-board vehicles, such as failing to place a conductor or guide.

In addition, when loading cargo to a person engaged in the operation of one fork's own vehicle, the cargo should be loaded so that the cargo does not cover either the view or the load, and when the worker is likely to pose a danger due to the cargo being unloaded or transported, the cargo should be operated in accordance with the inducement of the inducer, and when operating the fork's vehicle, the vehicle should be operated in the vicinity.

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