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(영문) 수원지방법원 2019.10.18 2019고단3767
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a business owner and a person in charge of safety and health management of a C stock company which manufactures urban village containers at a factory located in B in eternic City

On October 25, 2018, the Defendant had the victim D (D, 45 years of age) who is an employee of Indian nationality at the above plant, carry out the work of manufacturing plastic containers using press machinery.

In the case of the work using press machinery, there is a risk that part of the workers' body kissed with the machine and other accidents. Thus, the safety and health management manager has a duty of care to thoroughly conduct safety education on the method of use, precautions, etc. of press machinery at the level that foreign workers can understand, and to prevent accidents such as cutting down the parts of the body caused by press machinery by the press machinery, such as ordering to stop the press system and remove the defective materials if there are foreign materials or defective materials within the press frame.

Nevertheless, the Defendant, without conducting safety education on the method of use, precautions, etc. of the above press machine, did not install protective devices to prevent defective goods from entering the body of the working workers into the press machine, and even if defective goods occur, the Defendant, who left the press machine by negligence in the course of business, did not stop the press system and order to remove the defective goods by using the press machine, and cut off the victim’s right side by dividing it into the press machine while removing defective goods.

After all, the Defendant suffered injury, such as cutting the credit of the right arms to the right side, which requires approximately 16 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of each police statement regarding D;

1. On-site data and photographs;

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