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(영문) 수원지방법원 2019.06.20 2019고단2309
업무상과실치사
Text

[Defendant A] The defendant shall be punished by imprisonment without prison labor for six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a business owner who performed construction works from October 9, 2018 after being awarded a contract for KRW 873,144,00 on July 24, 2017 to “the relocation construction of communication facilities related to the E-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

1. On October 15, 2018, Defendant A and B violated the Occupational Safety and Health Act in relation to Defendant B’s occupational negligence, death and injury, and Defendant B’s occupational breach of the Occupational Safety and Health Act performed the asphalt packing work on the section laid underground as a communications line at the construction site of the plenary communication in front of the F in terms of harmony, and accordingly, ordered Defendant A, who is an engineer of Pocles, to capture the asphalt, and to proceed with the upper part of the body with the wheels.

Accordingly, Defendant A proceeded with the above section as Pokes, and carried out the asphalt with the wheels of Pokes. After straighting the corresponding section until the end, Defendant A tried to return back the way in which 180 degrees were turned back to her direction.

When a business owner engages in the work of using vehicles' construction machinery, he/she shall prepare a work plan and have it perform the work in accordance with the work plan, and have workers enter a place where the construction machinery of the vehicle is in contact with the workers at a place where there is a risk that workers may face, or place an guide and induce the relevant construction machinery of the vehicle.

그곳은 포크레인 다짐작업이 끝나면 도로 밖으로 튄 아스팔트를 정리하고 아스팔트 표면을 보다 평평하게 하기 위한 작업을 하기 위해 대기 중인 작업자들이 있었으므로 이러한 경우 포크레인 운전하는 사람에게는 전방 및 좌우를 잘 살피고 작업...

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