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(영문) 수원지방법원 성남지원 2017.05.19 2017고정239
업무상과실치상
Text

Defendant

A A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 2.5 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is the head of night work, Inc. E, a food manufacturing company, who manages the employees of urban male-type rooms. Defendant B is the agent of the above company, who manages the field work of night workers, and the victim F is the victim F (the age of 27) is the night worker at the urban male-type room.

around 05:30 on February 25, 2015, Defendants completed night work at E workplace located in Gwangju-si, and Defendant B instructed workers to replace their films of cleaning and packaging machinery in order to prepare weekly work. Defendant A had the working group in the hambber sexual type room, which is the next side of the city-type room, replaced by the sabber type film on behalf of the head of the working group in the sabber type room, which is the opposite side of the city-type room, performed the work of replacing the packing machine films of the sabber type room on behalf of the head of the working group, and the victim discovered that the sabber type film replacement work was suspended on behalf of Defendant A, while intending to perform the business of replacing the packaging machine, the victim safed on the sabber type room, and safed on the sabn.

In such a case, Defendant B had a duty of occupational care to instruct workers to take full care of the relevant work, conduct safety education, etc., and Defendant A had a duty of occupational duty to divide the operating pressing after checking whether there is a person on the part of the machinery room in case of suspension of machinery suffering from films during film replacement work.

Nevertheless, Defendant B neglected the above duty of care and carried out work as it is, Defendant A neglected the above duty of care, and Defendant A did not confirm that the victim puts his hand in the machinery and did not confirm that the victim was put in the machinery, and when the work was conducted by the occupational negligence, Defendant B cut off the victim’s fingers while operating the cutting machine.

Accordingly, the Defendants jointly and negligently commit to the victim.

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