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(영문) 인천지방법원 2019.10.30 2018고단9388
업무상과실치상
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person in charge of accident prevention and safety management of D Co., Ltd. in Jung-gu Incheon Metropolitan City, and Defendant B is a representative director of the above company, who receives a report on business from the person in charge of accident prevention and safety management and approves and instructs the business.

On January 12, 2018, at the above D Quarantine Office around 15:18, E, who works as a part-time employee at the above D Quarantine Office, was working for loading and unloading cars.

In such cases, Defendant A has a duty of care to conduct safety education in order to prevent accidents that may occur in the course of driving on board, to place signal numbers and safety managers to work in the company, to control the surrounding areas of the company, to prevent the on-site drivers, to prevent the on-site drivers, and to control the on-site drivers, and to control the accident prevention and supervision of the safety manager. Defendant B also has a duty of care to supervise and supervise the safety manager, such as ordering the safety manager to conduct safety education for all employees, to place signal numbers and safety manager and to control the surrounding areas of the company, to prevent the on-site drivers, and to prevent the on-site drivers, other than the on-road drivers.

Nevertheless, the Defendants neglected the above duty of care and caused E, who is not the driver of the above company, to drive the fortunately, and caused E, who is not the driver of the above company, to use the victim F (65 years of age) who was walking at the back of the above fortunate.

Accordingly, the Defendants jointly go against the victim.

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