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(영문) 의정부지방법원 2016.01.22 2015고단1326 (1)
업무상과실치사등
Text

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

Reasons

Punishment of the crime

1. Death of a worker caused by the occupational injury or injury and the failure to take safety measures;

A. The Defendant is a business owner who actually operates “C”, a waste resources disposal company located in Spocheon-si B, and D is a person who is engaged in driving of E-type vehicles at the said place of business.

D around 14:00 on May 28, 2014, around 14:00, D operated the said house at the “C” workplace, and discharged wastes brought from the water company from the water company at the loading site at the math of the math, and he was carrying out a high-quality work to store them.

Work processes conducted at the above workplace shall consist of D’s order of screening and compressing by inserting more than 10 meters away from the total quantity of wastes contained in Ma to the place where wastes are loaded. D’s order of screening and compression is followed by inserting wastes into a consortium by inserting them into a consortium.

At the same time, there is a height of approximately 2.3m high, which is a compressed water in order to store the above wastes, and D was engaged in the work between the walls, so it was not possible to see the wall behind the car string. Therefore, the defendant appointed the conductor at the work site, posted the signal number to the conductor or the signal number to control the entry of other workers, and make D know about the situation behind the wall, and D had a duty of care to prevent accidents, such as: (a) drive the car in accordance with its signals; (b) stop the work if there is no signal number or move the vehicle to the place where the signal number is secured; and (c) move the vehicle to the place where the accident is to be prevented.

(b) Where a business owner conducts work by using a vehicle system, loading and unloading, transportation machinery, etc., he/she shall conduct a prior investigation into the topography, ground and geographical layers, etc. in the relevant place of work in order to prevent any danger to workers, prepare a work plan in consideration of research results, and designate a conductor for the work

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