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(영문) 창원지방법원 2014.01.24 2013고단2745
업무상과실치사등
Text

Defendant

A Imprisonment for 6 months, Defendant B shall be punished by a fine of 5,000,000 won.

except that this judgment.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation established with its head office in Yangcheon-gu Seoul Metropolitan Government D, its head office 1 factory in Seocho-gu, Changwon-si E, and its head office 2 factory in Seocho-gu, Changwon-si, and its head office f, etc., and the defendant A is a representative director of the above company, who is responsible for the safety and health management of workers belonging to the above company.

1. When the maintenance, cleaning, oil supply, inspection, repair, replacement, or adjustment work of machinery, transportation machinery, construction machinery, etc., or other similar work is likely to cause danger to workers, Defendant A’s business owner shall stop the operation of the machinery concerned, and when there is a concern that workers might suffer danger, such as the malfunction of a part of the body of the relevant workers in a consortium, etc., or when in an emergency, he/she shall immediately install devices capable of immediately suspending the operation of a consortium, etc., and take necessary measures to prevent danger, such as allowing workers engaged in the work at risk of falling or falling off the object to wear a safety cap, etc., and have the duty of care to prevent accidents in advance;

Nevertheless, around 11:14 on April 9, 2013, the Defendant: (a) at the Jinhae 2 plant located in the Jinhae-si, Changwon-si; (b) the victim G (the victim of 62 years of age) who is an employee, using steel materials to remove mos in the direction of the lower part of the static- treatment B, vibration-based crusher, in the process of removing mos in the direction of the lower part of the static- treatment B, by using steel materials, but did not take necessary measures to prevent the risk of the accident; (c) the Defendant did not take necessary measures to prevent the risk of the accident; and (d) the victim, who is the employee, was fluor, was fluored with the left part and two parts.

The Defendant, by the above occupational negligence, caused the death of the injured party due to damage to the two parts of the trauma and the chest clothes in the workplace, and at the same time caused by workers’ machines, equipment and other equipment.

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