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(영문) 울산지방법원 2017.08.24 2017고단949
업무상과실치상등
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

The defendant is the representative director of D Co., Ltd. (manufacturing Electronic Machinery and Apparatus) in Yangsan City, who is responsible for the safety management of the work within the company.

On November 11, 2016, the Defendant had the victim E, who was employed by the Defendant within the factory of the above company, engaged the victim E to produce a gold-type mold by tensioning a metal mold on the metal plate with the pressure of 45 tons.

In such cases, the defendant liable for the safety management of presses has a duty of care to prevent accidents by installing a cover on the pertinent side and taking other necessary protective measures, so that part of the workers working with the presses do not enter a dangerous system.

Nevertheless, the Defendant did not install protective devices such as covers on the pertinent side of the said press frame and caused an accident where the left hand is tensiond on the said press box while the damaged was engaged in the voltageing of the electronic lelele part by using the said press box, and at the same time, did not take necessary measures to prevent the danger of workers.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. Statement protocol by the police for E;

1. Safety inspection report;

1. Application of the medical certificate, each photographic statute;

1. Subparagraph 1 of Article 67 of the Act on the Safety and Health of Industries and Safety and Article 23 (1) 1 of the same Act concerning facts constituting an offense, and Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Taking preventive measures such as not only an injury caused by various hands-ons on the left-hand hand of the victim due to a mistake, such as the crime of which the decision to punish an alternative criminal sentence was rendered, but also the occurrence of the instant accident, such as failing to undergo safety inspection until the instant accident occurred, even though it was possible to install the drid type protective devices, etc.

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