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(영문) 의정부지방법원 2014.09.15 2014고단870
업무상과실치사
Text

Defendant

A shall be punished by imprisonment without prison labor for 10 months, by imprisonment without prison labor for 10 months, and by a fine of 3,000,000 won for Defendant C.

Reasons

Punishment of the crime

Defendant

A is a professional operator of a soft machine, the defendant C is a company that executes the construction of sewage purification equipment of the "G Center" constructed in Gyeonggi-do F, Gyeonggi-do, with a contract from the light industry, and the defendant B is a site manager for the installation of the above sewage purification equipment, and is in charge of general responsibility, such as field safety management, for C.

1. Defendant A is a person who is engaged in the operation of a excavation searcher.

On November 29, 2013, the Defendant, at around 11:40 on November 29, 2013, performed the installation work of an access road by operating the above digging pool at the site of installing a sewage purification system. In such a case, the Defendant had a duty of care to prevent accidents by accurately manipulating the steering gear or brakes in order to prevent accidents in advance.

Nevertheless, the Defendant neglected this and did not properly confirm whether it has a pool in the backside, and did work as it is, and did so, the head part of the victim H (the age of 49) who was working in the middle of the pool and felled into the pool, and was shocked by the negligence of working.

After all, the Defendant caused the death of the victim from the above occupational negligence in the middle of the open frame, namely, the death.

2. When Defendant B allows Defendant A to open access roads on the same date and time as in the preceding paragraph, and at a place as above, Defendant B shall prepare a work plan, including operating routes and working methods, in which vehicles are used, and shall require the employer to do work in accordance with the plan. In a case where construction machinery for vehicles has been cut off or cut off and there is a concern that it may harm workers.

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