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(영문) 의정부지방법원 2017.04.19 2016고단5288
업무상과실치사
Text

Defendants shall be punished by imprisonment without prison labor for six months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the production owner of E in both weeks, and Defendant B is the head of the production department of the above company who conducts the mixed operation, etc. in each machine room. Defendant C is the management director of the above company and is the general person responsible for the safety of the above company, such as safety education.

F Co., Ltd.: (a) operated a mixture of cement and other materials by mixing the mixture with a company that manufactures and sells cement and other materials; (b) it is necessary for workers to frequently carry out the mixture with water washing; (c) it is necessary for workers to enter the mixture inside the mixture and drilling the water discharge outlet; (d) there is a risk of an accident that can be put in the mixture installed in the mixture if the work executor operates the mixture in the machine room while inside the mixture, and (e) around March 16, 2016, Defendant A instructed victims G (57 years) to conduct washing inside the mixture; and (e) H sent the Defendant “it shall not be possible where the person enters the mixture and operates the mixture.”

In such a case, Defendant B must confirm whether the pre-operator operating a mixture inside the mixed machine is cleaning inside the mixed machine, and Defendant A has a duty of care to take measures necessary for prevention of danger, such as setting up a locker in the mechanical system and setting up a sign in order to prevent another person from operating the machine when the latter is aware that the latter is cleaning inside the mixed machine. Defendant C has a duty of care to take measures necessary for prevention of danger, such as preventing another person from operating the machine when the operation of the machine is suspended for cleaning the machine.

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