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(영문) 울산지방법원 2018.05.25 2018고단29 (1)
업무상과실치사등
Text

Defendant

A Imprisonment without prison labor for eight months, and Defendant B shall be punished by a fine of two million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A is a electrical agent belonging to G Co., Ltd. which has been awarded a contract for the file resistance on the site for the construction of the F apartment site in Ulsan-gu, Ulsan-gu, Seoul-do (a work of drilling the ground in order to reinforce the ground for the construction site of new construction work and filling a file with support for enormous material shape) and is a person in charge of safety and health at the other construction site of the file port, and Defendant B is a stick pilot belonging to G Co., Ltd.

1. Defendant A’s sole crime committed on March 16, 2017, and around 08:21, Defendant A had a driver operate an anti-port gun (a machinery, DH758-160m-160m, weight 162m, and height 48m) at the same construction site.

As above, there is a possibility that the navigation gear will be transferred due to ground subsidence, driving, etc., and if the navigation gear is transferred, there is a risk of human life damage within 48 meters, which is the height of the steering gear, so the Defendant A, who is a safety manager, has a duty of care to control the Defendant A, a person in charge of safety management, from entering the workplace within the radius of the steering gear.

Nevertheless, Defendant A, due to occupational negligence, did not control the entry within the range of 48 meters, which is the height of the above navigation gear, lost the balance of the ground subsidence, and transferred to the left-hand side, Defendant A caused the victim J (47 years old) who was sitting away from the driver’s seat of 25t I truck, which was stopped within the range of anti-working for boom boom of the navigation gear, to die on the spot due to high damage, etc.

2. On April 16, 2017, Defendant A and Defendant B had Defendant B operate a cke at the construction site at the same time, and had Defendant B conduct the work of carrying the ckes onto the ground by inserting a file (37m in length, 10m in weight) inside the construction site.

As above, the files shall be drawn up to the public.

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