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(영문) 부산지방법원 2013.12.05 2013고정628
업무상과실치사
Text

Defendants shall be punished by a fine of two million won.

Defendant

If A and B fail to pay the above fine, KRW 50,00.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in Cracing, Defendant B is the representative director of C in Busan Jung-gu, and Defendant C is a corporation established for the purpose of dismantling and repairing ships.

1. Defendant A, around 15:30 on May 27, 2012, the Defendant was performing the work of moving out of the vessel the engines dismantledd on the vessel by driving cream located in the Glight-gu Busan, and the engine dismantled on the vessel.

At the time, there was a workman on board a ship, who was working on board a ship while moving an engine by cick, and there was a risk that the workmen on board the ship are at the same time, so the Defendant, who is engaged in driving of clers, was informed of the workmen on the ship to move the engine to a safe place and confirmed that the workmen move the engine to a safe place, and had a duty of care to prevent accidents by moving the engine to the ship.

Nevertheless, the Defendant, without taking such measures as above, driven a cream automatically and moved from the ship to the outside of the engine, caused engine to be faced with the ship’s hull, and accordingly, caused the engine to fall off to the victim H (ma, 59 years of age) who was working on the ship, and caused the victim to die due to the heart suspension due to the multi-culptivity during treatment at the I Hospital around 18:30 on June 10, 2012.

2. Defendant B had the above victim dissolveed the ship at the time and place specified in paragraph (1).

As at the time, 11 ton of ship engines are charged with moving out of the ship, which is a heavy weight of 11 ton, a business owner shall move work workers on the ship to a safe place.

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