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(영문) 창원지방법원 통영지원 2019.09.24 2019고단825
업무상과실치사
Text

Defendant

A Imprisonment without prison labor for 10 months, Defendant B shall be punished by a fine of 10 million won, Defendant C and D shall be punished by a fine of 2 million won, Defendant E, and F.

Reasons

Punishment of the crime

Defendant

E is a representative director of F Co., Ltd. (hereinafter referred to as “F”) with 17 full-time workers at macro-si G (hereinafter referred to as “workplace”) who is responsible for the safety and health of all workers employed by himself/herself and workers employed by his/her contractor while taking overall charge of affairs for preventing industrial accidents that may arise in the course of performing the same work at the same place. Defendant F is a juristic person established for the purpose of manufacturing parts of a ship by using 17 full-time workers at the same place. Defendant D is a business owner. Defendant D is a person who is responsible for the safety and health of the employees under his/her control as the representative of “H” who was subcontracted from Defendant F with the same place, using 30 full-time workers at the same place, taking charge of the preparation of parts of a ship, and conducting adjoining work. Defendant A is a head of H’s site, Defendant B is a driver under his/her control, Defendant C is a representative of “I” who was sub-subcontracted by H, and the victim J is a worker under his/her jurisdiction.

Defendant

The co-principal defendant B and B had a duty of care to take the above safety measures so as not to cause any accident in the work site and not to allow workers to enter the work site by posting a fixed work commander (in the event of operating vehicles) or by acting as an guide at the time of operating vehicles on the vehicle system with a vehicle system, loading and unloading, transportation, machinery, etc., and to prevent accidents, and to prevent workers from entering the place where workers are at risk due to contact with the on-board vehicles, etc., and the defendant A and the road are workers or the road, such as checking whether there is any person or obstacle.

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