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(영문) 부산지방법원 2017.05.17 2016고단4391
업무상과실치사등
Text

Defendants shall be punished by a fine of five million won.

Defendant

Where A fails to pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a person in charge of self-safety and health management at the site of the construction site of the construction site of the new construction site of the Busan Eastdong-gu Busan Metropolitan City, which Defendant B performed by Defendant B, and Defendant B is a corporation established for the purpose of construction business with its head office located in Busan Seo-gu, and is a corporation that performs the said construction from July 1, 2014 to November 30, 2015.

1. On November 23, 2015, Defendant A around 08:00, Defendant A engaged in cutting off the wall surface using a portable cutting machine using the victim F (54 years old) from the person working for Defendant B in the area of two public disclosure notice in the first floor of the construction site of the complex construction site in the city located in Busan East-gu, Busan Metropolitan City.

In such a case, the Defendant, who is the person in charge of safety and health management of the above work, has a risk of industrial accidents caused by machinery, apparatus, etc., such as scattering the day when the worker cut off the wall of 20 meters thick by using a portable cutting machine, and thus, the Defendant has a duty to take measures under the Industrial Health and Safety Act and a duty to exercise occupational duty to prevent industrial accidents, such as managing and supervising a cover, to prevent industrial accidents, such as managing and supervising the cover, at least one minute prior to the commencement of the work. At least one minute of test operation, he/she must check whether the defect is defective, and shall not dismantle or stop the use of the protective devices installed in the machinery, apparatus, or equipment.

Nevertheless, the Defendant neglected to do so, and even if the victim used the cutting machine to have a risk of scattering the day, etc. on the same day, the Defendant used the cutting machine to operate the machine at least one minute prior to the commencement of the work.

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