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(영문) 대전지방법원 2018.06.01 2018고정86
업무상과실치사등
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged is that the Defendant, with the trade name of “B”, is a business owner who comprehensively manages matters concerning the prevention of danger or harm to the health of workers and preventive measures in the execution of felling standing timber at the ridged trees site of the 8 ridged area located in the Cheongju City City City City.

On June 6, 2017, around 09:40 on June 6, 2017, the Defendant was engaged in felling standing timber, which is a heavy object, in light of 30 degrees of light forests and fields, without properly distinguishing the status of support for standing timber, with the employees, such as the victim D (61) at the site of the above timber.

In such a case, since the business owner was engaged in handling heavy water on the slope, he/she has a duty of care to prepare a work plan containing safety measures to prevent the dangers of falling and electric shock, and notify the relevant worker thereof, to restrict the worker's access under the slope, which is the direction of the heavy water, and to restrict the worker's access to the bend and shelter area in advance because he/she was engaged in the bend work, and to have the worker do the work by setting a certain signal method and to take measures to prevent the accidents in the event of danger, and as the business owner has a duty to take preventive measures against the danger of workers and health problems.

Nevertheless, the Defendant, at the time, laid down the brupt trees that the victim boomed down from the slope surface, and should be prepared against the risk from the falling under the brue, but did not establish a work plan in advance or safety measures for the falling-off of standing timber and the risk of transition, etc., and did not provide specific safety education or work instructions on the ground that the employees, such as the victim, etc. are skilled craftsmen, and did not limit the victim's access below the slope surface.

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