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(영문) 의정부지방법원 2015.08.18 2014고단4926
업무상과실치사등
Text

Defendant

A Imprisonment for four months, Defendant B shall be punished by imprisonment without prison labor for four months, and Defendant C shall be punished by a fine of two million won.

Reasons

Punishment of the crime

[Status of Defendant C Co., Ltd. is a corporation established with its head office in Gangdong-gu Seoul Metropolitan Government for the purpose of building construction business, etc., and is a business owner who subcontracted earth construction and appurtenant construction work in Namyang-si G H9 holes Construction Works, Namyang-si, G, and Defendant A is a field manager of the company affiliated with C, who manages safety and health work for workers at the above engineering work and appurtenant work site, and Defendant B is the head of the working group affiliated with C Co., Ltd., who takes charge of equipment management and work orders necessary for work at the above engineering work and appurtenant work site.

【Criminal Facts】

1. In cases where Defendant A and Defendant B are engaged in the work of using vehicle meters, and where workers are likely to be in danger due to the lapsing, digging off, etc. of the machinery, they shall place a leading person and take necessary measures, such as preventing the subsidence of the ground, and a person placed as an guide according to the vehicle rolling stock work plan shall guide the safety of vehicle rolling stock construction machinery in accordance with the vehicle rolling stock work plan;

Nevertheless, at around 07:40 on April 17, 2014, the Defendants had a victim I (the 39-year-old age) operate a tent construction machine at the site of the public works of the H club in question, and had the victim I (the 39-year-old age) do work for the base-water engineering. At that time, the Defendants had a duty of care to prevent accidents, such as placing a person who leads people, shot the floor, and making the floor smooth.

Nevertheless, the Defendants neglected to perform the crypical engineering work, thereby leading the said crypical air to the left-hand side from the crypical slope, and the victim was fryed into the crypical surface of the air, and the victim was fryed on April 17, 2014, and Tol University located in 271 in the crypical crypian City around 10:19.

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