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(영문) 대구지방법원 포항지원 2018.06.20 2017고단1539
업무상과실치사
Text

Defendant

A Imprisonment for 10 months, Defendant B for 1 year, and Defendant C for 8,00,00 won, respectively.

Reasons

Punishment of the crime

Defendant A of the 2017 Highest 1539, the 2017 Highest 1539, who was awarded a contract from the Korea Coastal Maritime Affairs and Fisheries Agency for the “D Corporation”, is a director of the corporation C, who is awarded a contract with the Korea Coastal Maritime Affairs and Fisheries Agency for the said “D Corporation,” and is a person in charge of safety and health management who comprehensively manages the work instruction, safety, and health of its employees. Defendant B

On September 29, 2017, the Defendants, located in Nam-gu E at the port of port around 11:16 on September 29, 2017, carried workers on the work unit for accusation work vehicles at D construction sites, and carried water at a height of approximately 34 meters above the ground.

Since the above work is conducted at a height of about 34 meters on the ground, there was a risk of fall, Defendant A, who is engaged in the safety management, has a duty of care to pay safety caps and safety belts to workmen, etc. in order to prevent further crash risks, and to safely walk the safety belts and to manage and supervise the equipment to be used before commencing the work, and to prevent the safety accidents, such as the fall of workers, etc., and Defendant B, a driver of the complaint work vehicle, had a duty of care to do so. Defendant B, a driver of the complaint work vehicle, had a duty of care to properly manipulate the machinery attached to the complaint work vehicle and prevent safety accidents, such as the fall of workers, etc.

Nevertheless, Defendant A is responsible for negligence in the course of performing duties that caused the denial of the victim F to board the complaint work vehicle without attaching a safety belt at the work site. Defendant B removed one side of the safety rail rail of the complaint work vehicle, Defendant B did not confirm it properly even though it was caused by the roof rail of the complaint work vehicle.

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