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(영문) 대전지방법원 논산지원 2014.05.16 2013고단263
업무상과실치사등
Text

1. Defendant A shall be punished by a fine of one million won, and Defendant B shall be punished by imprisonment for eight months.

2. Defendant A shall be subject to the above fine.

Reasons

Punishment of the crime

Defendant

A is the representative director of C Co., Ltd. (hereinafter referred to as “C”) who runs the aggregate extraction business, etc. in the F, Chungcheongnam-gun, and Defendant B is the employee of C.

1. On September 28, 2012, Defendant B violated the Construction Machinery Management Act and caused occupational death (2013No. 263) (hereinafter referred to as the “Construction Machinery Management Act”) in Defendant B’s occupational negligence, which caused the victim to fall under the 2.8m below the 2.8m of the victim, by driving a digging pool without obtaining a construction machinery operator’s license in the C workplace, and allowing the victim to work on the upper part of the relevant burner G ( South and the age of 63) while cutting off to the victim, and making the victim do work on the part of the support unit of the aggregate cracker crackt which was cut off.

On September 30, 2012, the Defendant caused the death of the victim due to brain cerebral cerebral dye at around 09:12.

2. Defendant A’s violation of the Labor Standards Act (2013 Highest 482)

A. The Defendant breached his duty to liquidate money and valuables at C’s workplace, who worked as a critius from August 13, 2008 to September 28, 2012, did not pay KRW 820,216 in total and annual leave allowances of workers G who died, within 14 days from the date of death without agreement between the parties to the extension of the due date.

(b) An employer who fails to specify working conditions in writing shall deliver workers with a written statement specifying the changed working conditions, if any, to change wages, etc. after concluding a labor contract;

Nevertheless, around October 2009, the Defendant did not deliver a written employment contract specifying the above wage, even though it changed the wage between G and workers at the workplace C from 2.4 million to 2.5 million won, and (2) around September 2010, the Defendant changed the wage between G and workers at the workplace C from 2.5 million to 2.6 million won, and did not deliver a written employment contract specifying the above wage.

Summary of Evidence

[Attachment 2013 Highest 263]

1. Statement by the defendant in court;

1. Statement of the police statement with H 1.

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