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(영문) 대전지방법원 서산지원 2016.07.21 2016고단444
업무상과실치사등
Text

[Defendant A]

1. The punishment of the defendant shall be eight months;

2.Provided, That this ruling shall not be later than two years from the date on which it became final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 444] Defendant A is a non-professional employee visa (E-9-1) who entered the Republic of Korea and works in F "F" as a corporate entity engaged in the manufacturing of Aluminium pumps, which is a material for construction of Aluminium located in Jin-si, Jin-si, and Defendant B is a representative director of F "," and Defendant C is a person in charge of safety management "F".

1. Defendant A

A. On June 7, 2016, the Defendant: (a) around 10:15, 2016, the Defendant, who died in the occupational course, was engaged in unloading and unloading a alzum powder in the instant “F” plant; (b) truck drivers G (55 years old) of the victim G (55 years old) with a truck loaded in the 25 tons or more of the H, by driving an alzumum powder in 15 tons.

In such a case, the defendant has a duty of care to safely manipulate the fore vehicles and to protect assistive workers or pedestrians who assist in loading and unloading from damage caused by fall of goods.

Nevertheless, the Defendant neglected the operation of the vehicle and caused the victim to go away from the victim who was on board the truck loaded a truck, and caused the victim to go against it. As a result, the victim caused the death of the cerebral cerebral ties by two credits prior to the arrival of the hospital at around 11:02 on the same day during the transmission to the emergency department of the hospital at the Jin General Hospital located at the 5-15, Jin-si, Chungcheongnamnam-si.

(b) A person who intends to operate construction machinery in violation of the Construction Machinery Management Act shall obtain a license from the head of a Si/Gun/Gu;

Nevertheless, the Defendant, at around 10:10 on June 7, 2016, operated an 15 ton of construction machinery without obtaining a construction machinery pilot license, as described in paragraph (a).

(c)

Any foreigner in violation of the Immigration Control Act may sojourn in the Republic of Korea within the limits of his/her sojourn status and the period of sojourn.

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