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(영문) 춘천지방법원 2017.01.25 2016고단1154
업무상과실치사등
Text

Defendant

A and C shall be punished by a fine of 4,500,000 won, and Defendant B shall be punished by a fine of 4,000,000 won.

Defendant

A. A.

Reasons

Punishment of the crime

Defendant

A The vice president of C Co., Ltd. (hereinafter referred to as “C”), and the director of the field “G Extension Corporation,” located in Yangyang-gu, Gangwon-gu, Seoul. A is a person in charge of the safety and health of workers belonging to the field. Defendant B, who operates I in Gangwon-do, Gangwon-do, and Defendant B, who supplied the steel binding at the above construction site, supplied the steel binding at the above construction site.

1. In the event that Defendant A and Defendant B’s joint crimes (the victim J death, the violation of the Industrial Safety and Health Act, and the occupational and actual injury) work to load or unload cargo the weight of which exceeds 100 kilograms on a unit of loading, unloading, machinery, etc. on the vehicle system, the business owner shall require the conductor of the work to do so after determining the order of work and the method of work in the order of the work and the method of the work in the order thereof, and shall prohibit any person other than the worker concerned from entering the place where the work in question

In the indictment, “work of swimming or cover-off shall be carried out after checking that there is no danger that cargo will fall in the loading box, and the preparation of a work plan for heavy goods shall be carried out.” However, the Defendants’ negligence merely indicate “n is not determined in the order or method of work, and it does not pay attention to whether there is a person in the place near the loading and unloading place.” This part is omitted because there is no specification of negligence in relation to the above duty of care.

Defendant

A had a duty of care to take the above safety measures as a site manager at the above site, and Defendant B also had a duty of care to pay attention to whether there is a person in the place of loading and unloading work and work in the field of loading and unloading work.

Nevertheless, Defendant A did not properly set the order or method of loading and unloading, and the Defendants are in the place of loading and unloading.

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