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(영문) 광주지방법원 목포지원 2015.06.22 2014고단2068
업무상과실치사
Text

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

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the person in charge of the safety management of sand loading and unloading work, E as the place of business of the CJ Korea Transportation Co., Ltd. (hereinafter “CJ Korea Transportation Co., Ltd.”). Defendant B is the person in charge of the management of sand loaded in E by the F Co., Ltd. F (limited company G, hereinafter “F”), and F entered into a sand loading and unloading contract with CJ D and sand loading and unloading work contract, and CJ Korea Transportation Trade Union Co., Ltd. (hereinafter “CJ Korea Transportation Trade Union”) has performed sand loading and unloading work through the above trade union members.

On April 29, 2014, at around 08:15, the Defendants: (a) performed the work of loading and unloading and loading sand of F 4,500 square meters loaded on a ship from the Jeonnam Port Trade Union members, Defendant A instructed the members of the Jeonnam Port Trade Union to load and unload sand 4,500 square meters loaded on a ship to E E E E E E E, while Defendant B transferred sand 4,500 square meters loaded on a ship from among the excavation equipment as above.

In such cases, Defendant A, who is engaged in the duty of safety management of loading and unloading, has a duty of care to maintain the separation distance of 2 meters from the wharf line at the time of loading and unloading and the height of loading and unloading does not exceed 2 meters, on sand loaded and maintained at the upstream (3 tons/land size) of the wharf, to prevent the loss by complying with all safety regulations related to loading and unloading work, such as the installation of a network, preventing the loss and rain acid, and Defendant B, who is engaged in the duty of care to prevent accidents in advance. Defendant B had a duty of care to check whether the loading and unloading sand complies with the above safety regulations and to check whether the loading and unloading sand complies with the above safety regulations, and to prevent accidents in advance by demanding correction from the loading

Nevertheless, Defendant A is at the time of loading and unloading.

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