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(영문) 부산지방법원 동부지원 2013.11.13 2013고정1342
업무상과실치사
Text

1. Defendant A

A. Defendant shall be punished by a fine of KRW 5,000,000.

B. The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant B is a business owner engaging in the business of partial maintenance of heavy equipment with the trade name “D” in Nam-gu Busan Metropolitan City C.

Where workers are likely to pose danger by releasing compressed gases or liquid, etc. inside machinery, tools, equipment, etc., the business owner shall take necessary measures to prevent danger, such as releasing compressed gases or liquid, etc. in advance, and where he/she performs the work of loading and unloading, transportation, repair of machinery, etc. or installation and dismantling of accessory equipment, he/she shall designate a conductor of the relevant work and order him/her to determine the work order and to direct the work.

On December 31, 2012, around 09:15, the Defendant had the victim E (year 52) and the victim F (year 58) who are his/her employees in the workplace above D on December 31, 2012, work to replace the victim's vehicle transport equipment (one kind of container transport equipment).

In order to prevent such a danger, the replacement work of the fork owner is obliged to take safety measures necessary for the prevention of danger by designating the conductor of the work, ordering him/her to take work, and giving him/her a duty of care to take work in order to prevent the risk, since the compressed pressure is likely to be rapidly emitted due to the vehicle's weight.

Nevertheless, the defendant is working without removing the air pressure of the inside of the above work site. The defendant's occupational negligence, which caused the victims of the marine to work without taking necessary measures, even though he/she did not designate the conductor of the work nor did he/she command the work, and without removing the air pressure of the inside of the vehicle, is due to air pressure.

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