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(영문) 울산지방법원 2018.10.25 2018고단2305
업무상과실치사
Text

[Defendant A and B] Defendants shall be punished by imprisonment without prison labor for six months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Status of the Defendants] Defendant A is an employee of the Corporation D, and Defendant B is a director of the Corporation D, who is engaged in the management of factory equipment and the safety management of employees. Defendant C is a representative director of Corporation D and is a safety and health management manager for employees under his control. Defendant D is a corporate owner established for the purpose of manufacturing vessel engines in Yangsan-si.

[Criminal facts]

1. Liability for death of a victim;

A. On February 9, 2018, around 08:00 on February 9, 2018, Defendant A and Defendant A were engaged in the work of transporting 50 tons of the vessel engine mold from the aforementioned workplace, and Defendant B was engaged in the duty of safety management of workers at the aforementioned workplace from the same time.

At the same time, the above workplace deals with heavy weight of the main mold, etc. which has a total of 4,000 type of mechanical vibrations in the workplace, and there was a conflict between workers due to the operation of the center for the prevention of collisions by the vibration of various machinery in the workplace, or the failure of the driver of the vehicle to recognize the adjacent other strings in advance due to the surrounding noise.

Therefore, in the above case, Defendant A had a duty of care to take into account the surrounding condition while driving a tent mobile straw and to check in advance whether there is a risk of collision with other straws in the course of the straws. Defendant B had a duty of care to prevent accidents, such as conducting full-time inspections on the operation of the stud mobile straws in order to prevent conflict between the straws, and taking measures to work at the determined location by the workers.

Nevertheless, Defendant A is driving a cater without properly examining the surrounding areas, and Defendant B is negligent in inspecting the Crecker's collision prevention center, and Defendant B is the victim F. (33 Do and Korean four Dop).

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