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(영문) 대구지방법원 서부지원 2017.12.27 2017고단1076
업무상과실치상
Text

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

If the Defendants did not pay the above fines, they shall be prohibited.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in the operation of cranes who are construction machinery, and Defendant B is a person who is engaged in the work supervision and safety management at the construction site of neighborhood living facilities (commercial buildings) located in Daegu-gun F.

Defendant

A On December 9, 2016, around 14:40 on the 14:40 on the construction site at the above construction site, the driver G (65 years) moved to the loading of each of the group on the fourth-story rooftops on the victim G (65 years).

In such cases, if the cargo is not properly visible to accurately operate and seal the device by checking the signal well in accordance with the signal method set in advance, the person operating the cream has a duty of care to immediately suspend the operation, and in the case of any person on board the cream or cargo vehicle, he/she has a duty of care to perform the work after the entry control measure was taken.

In addition, Defendant B does not have a worker on board cargo, and if it inevitably engages in work at a risk of falling by a worker, he must pay a safety tag and install a safety net, and in the case of work by using a cater, he must direct the worker in the border of the Working Group not to take any action, and there was a duty of care to determine a certain signal method and signaler in advance.

Nevertheless, Defendant A neglected to perform the above duty of care and agreed prior to consultation on the method of signals or without designated signal numbers, with the signal that the damaged person gets from the injured person about the fastening of each cargo loaded with the signal that he would attract the labels connected to the cranes, and then the bottom of each group exceeding 600 kilograms is one of the labels.

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