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(영문) 울산지방법원 2015.11.05 2015고단1377
업무상과실치사
Text

Defendant

B Fine of 7,00,000 won, Defendant A’s fine of 5,000,000 won, Defendant C Co., Ltd. is fine of 5,000 won.

Reasons

Punishment of the crime

Defendant

C A Co., Ltd. is a business owner who manufactures and sells ready-mixed in Yangsan City E, and Defendant B is a representative director of C Co., Ltd. who is a general manager of the manufacturing process of ready-mixed, and Defendant A is a manager of the management division of C Co., Ltd. at the site of manufacturing process.

1. Around 17:00 on February 3, 2015, Defendant B instructed the victim F (55 years of age) who is an employee of C Co., Ltd. to perform the work of repairing electric installations at the workplace located in C Co., Ltd. located in Gyeyang-si, Yangsan-si.

The aforementioned screening machine was installed at the lower part of the screening machine, which is a device screening the gravel from aggregate, which is a material for ready-mixed, with a consortium which moves the shot sand selected through the screening machine to the next process. There was a work launch plate for workers' related work around the screening machine, and there was an opening part (Gae 50 cm, 35 cm in length) between the screening machine and the above working board.

In such cases, safety control managers shall install protective measures, such as safety risks, fences, vertical fall-off nets or covers, etc., at places where workers might fall down, and when engaged in the maintenance, repair or adjustment of industrial works, machinery, etc. or other similar work, they shall stop the operation of the relevant machinery, and shall direct and supervise them to take measures to prevent accidents, such as posting assistants to neighboring areas, etc. for the safety of workers.

Nevertheless, the Defendant did not install protective measures, such as a fall-off net or cover, on the opening between the aforementioned screening machine and the work plate. While the electric equipment repair work for the aforementioned screening machine is likely to cause danger to workers when a fall-off accident occurs, the Defendant is driving of the said screening machine.

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