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(영문) 창원지방법원 진주지원 2019.09.19 2019고단533
업무상과실치사등
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A From April 6, 2018 to October 5, 2018, Defendant B is a director at the site site and a person in charge of safety management of employees belonging to the C Corporation, and Defendant B is a corporation established for the purpose of civil engineering work, etc.

1. On September 17, 2018, Defendant A employed the victim E (59 years of age) as an article of a dump truck (one son) for the purpose of the day-to-day reform at the site of the D D D above maintenance work in Dong-dong, Chungcheongnam-gun, Dong-gun, and had the victim, an employee at the working site of the above work site, transfer cement of ready-mixed vehicles into the victim’s vehicle partitions at the site of the work site to the victim’s vehicle partitions at the construction site.

In such cases, when workers perform the work of loading and unloading, transportation, operation, dismantling, handling of heavy objects, or dismantling of subsidiary equipment such as loading and unloading, loading and unloading, transportation, and machinery, etc., the defendant has a duty of care to prevent safety accidents of the victims by preparing a prior investigation and work plan in order to prevent risks caused by defective work methods, etc., and by designating the conductor of the relevant work and directing the work in order to set the work order, and examining the use status, etc. of the safety site owner or safety block, etc.

Nevertheless, the Defendant neglected this and failed to prepare a prior investigation and work plan to ensure that the victim did not work in accordance with the plan, even though the victim was to solely check and repair the load of the vehicle at the above site, and did not work in accordance with the plan, and he was to load a dump truck with the conductor without any separate inspection as to whether the safety measures, etc. are installed, thereby allowing the victim to wear a dump truck with the engine and the partitions of the truck, thereby causing the victim’s head to die on the same day by causing an accident between the engine and the dump of the truck.

2. Defendant B.

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