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(영문) 창원지방법원 마산지원 2016.07.19 2016고정169
산업안전보건법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 4,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the representative of Section C's office established for the purpose of manufacturing and installing steel structures, and Defendant B is the director of production management of the above company, and Defendant D is the employees of the above company.

1. Defendant B and D used the Defendant’s 22 tons G of the Victim F (56 years old) which was found to transport the steel goods of the said company in front of the instant company’s factory building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building on June 14, 2015.

In such cases, the Defendant and D, in charge of the cargo trucking business, have a duty of care to ensure that the cargo loaded in a safe way so as not to cause danger, such as the loss of balance and the safe handling of the cargo, etc., and to prevent accidents such as accurate and safe handling of the cargo.

Nevertheless, the Defendant: (a) was in the form of “b” of this “B” as the steel beam H beam, the cargo to be loaded, and (b) instructed the Defendant to install and load the steel beam so that it can be loaded in a safe manner, disregarding the victim’s demand; (c) as a result, D would drive a construction machinery H7 tons, without a construction machinery pilot’s license, while carrying the instant H beam on board the Defendant’s cargo, while carrying the Defendant’s cargo at the center, the h beam beam, the center of which was lost while carrying the cargo of the victim, was loaded onto the victim with the wooden belt between the cargo on the cargo as seen above, and the h beam beam was faced by the victim’s chest part on the cargo of the victim; and (d) caused the victim to go away from the cargo vehicle and faced with the head.

As a result, the Defendant, together with D, suffered injury to the victim, such as brain injury requiring approximately eight weeks of medical treatment due to the above occupational negligence.

2. In the case of harmful or dangerous work, such as work using construction machinery to be handled by a licensed person, Defendant A’s business owner shall do so to a person who is not an employee who has the license necessary for the work.

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