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(영문) 춘천지방법원 속초지원 2012.10.25 2011고단414
업무상과실치사
Text

Defendants are not guilty.

Reasons

I. The summary of the facts charged is a fixed-term employee belonging to the Young City Facilities Management Corporation E team and working at G offices located in F of the Seocho City and Defendant B, Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”), who is a chief of safety and health management officer in charge of general management of safety and health of workers at the site of waste disposal work located within the above place of business, and Defendant Co., Ltd., a business owner who entered into an agreement on the entrusted management and operation of waste disposal facilities at the beginning of the above place of business and operated the above waste disposal

1. The defendant A and B's occupational negligence resulting in death

A. Around 09:00 on July 15, 201, Defendant A received an order from an employee belonging to the Seocho Si Facilities Management Corporation to provide “to assist in the ordinary operation of waste,” and around 10:30 on the same day, Defendant A collected the cargo from the victim H(58) on the front of the waste incineration site in front of the waste disposal facility, and loaded the cargo onto the front side of the cargo vehicle at the victim H(58 years of age) at the site of the incineration site of the waste disposal facility, and loaded the cargo onto the vehicle at approximately 500 km by manipulating the rupture, and the victim loaded the cargo onto the vehicle. The victim’s height of the above rupture connected to the above rupture and the signal differs from each other, and the rupture of the above rupture is divided into a height of the above rupture.

B. At the time of the breach of duty of care (the selective charges) 1, a person who operates the flag flag, had a duty of care to safely operate the flag, after checking whether he/she was a person around the flag with a view to well viewing the flag and left and left, and when he/she conducts work using a vehicle system, loading, unloading, transportation, machinery, etc. for a person who controls and manages the safety and health of the site of waste scatterings, he/she was contacted with the cargo in transit, the machinery

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