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(영문) 제주지방법원 2017.09.15 2017고단1187
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the Vice Minister of G who subcontracted the portion of outdoor pipeline installation works (hereinafter “instant construction works”) among the F-built construction works performed by D Co., Ltd. in Seopo-si, Seopo-si, Seopo-si, Seopo-si, the Defendant is a person who is engaged in the work related to the instant construction works, and is engaged in the safety and health management of workers.

On June 2, 2016, around 09:30, the Defendant instructed G workers H to engage in the I digging season operation, and to move the dump truck to a dump truck by operating the dump gun, and directed the victim J (V, 56 years old) of the person who belongs to G to engage in the work to induce dump truck signals.

In such a case, the defendant, who is engaged in the management of safety health for employees including the victim, has a duty of care to prevent safety accidents in advance by checking well the right and the right at the time of operating the digging season to the H who is operating the digging season, by checking whether other workers are in the front right and the right and the right and the right and the right of the operation of the digging season within the radius of the operation of the digging season, providing thorough education in advance so that the victims who are operating the digging season can thoroughly observe the safety rules as guide, and providing the victims who are operating the digging season with a duty of care to prevent safety accidents by ensuring that the victims do not concurrently perform other duties while leading the victims.

Nevertheless, the Defendant did not properly conduct the above safety education while ordering H and the victim to work at the above time, and neglected safety measures, such as taking photographs of the machinery, such as dump trucks, while guiding the victim to give a signal on the dump in the construction site of this case, at the same time, while carrying out a signal on the dump truck.

Defendant H. by occupational negligence as above.

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