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(영문) 수원지방법원 여주지원 2016.07.20 2016고정128
업무상과실치사등
Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a company established for the purpose of collecting and recycling wastes in Echeon-si, and Defendant A is a representative director of Defendant B, who exercises overall control over the safety management of employees under his control.

1. Defendant A

(a) In cases where a business owner violating the Industrial Safety and Health Act allows a worker to open and close the door of strawls, which is a heavy object that transports wastes, and to fix or check the door, etc., the business owner shall have a duty of care to take appropriate measures to prevent danger, such as designating a conductor of the work, supervising and supervising the order of work, and paying safety appearance to workers, in order to prevent danger that may occur in the process;

Nevertheless, the Defendant did not take appropriate measures necessary for the prevention of danger, such as ordering the victim D(49) (S) (S) who was working in the business place B in Ethcheon-si to open and fix the door of the cancer roll stuff in that place, repair and check the inside, and control the order of work by designating the work conductor, inspecting the use of the safety prop or safety block, etc., checking the use of safety prop or safety block, or paying the safety cap to the victim.

Ultimately, the Defendant did not take measures to prevent risks as above, and neglected to perform the necessary duty of care on September 3, 2015, caused the death of the victim by opening, fixing, repairing, and checking the door of the cancer roll, which was opened while checking, of the above workplace around September 3, 2015.

B. Violation 1 of the Industrial Safety and Health Act) The Defendant is a machine installed at the place of business of pulverizing the said place of business around September 12, 2015.

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