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(영문) 대구지방법원 2017.05.17 2016나312118
손해배상(산)
Text

1. Of the judgment of the court of first instance, 22,857,142 won, 11,571,428 won and 11,571,428 won, respectively, to the defendant A and C, respectively.

Reasons

1. Facts of recognition;

A. The Defendant is the business owner operating F in Daegu-gun E, and the net G (hereinafter “the deceased”) is a worker working in F from June 30, 2003. The Plaintiff is the spouse, Plaintiff B, and C of the deceased.

B. At around 17:10 on December 21, 2015, the Deceased: (a) carried the room, which was found in the drum of the snife with the drum and the snife beamline, into the snife beamline, she was killed due to two thrings, etc., of the head part at the right snife at the snife of the snife of the snife competition while carrying the room into the snife beam; and (b) accordingly, the snife part at the snife with the snife with the snife at the floor.

(hereinafter referred to as “instant accident”). C.

On June 16, 2016, the Defendant was indicted of the instant accident under the name of the crime of violation of the Occupational Safety and Health Act and the death by occupational negligence, and was sentenced to the suspension of the execution for six months, and the community service order was sentenced to 80 hours (Seoul District Court Branch Branch Decision 2016Ma469), and the above judgment became final and conclusive around that time as the Defendant did not appeal both the Defendant and the prosecutor.

Punishment of the crime

The defendant is a representative of F in Daegu-gun E, who is a person in charge of safety and health management for his/her employees.

A business owner has a duty of care to ensure that workers are able to wear a work uniform appropriate for the work and prevent accidents that are promptly carried into the machine by installing a cover on the part in which workers might face danger, such as the wheel axis of machinery, etc., and that workers are likely to wear the clothes of workers on the part in the powered machine.

Nevertheless, at around 17:10 on December 21, 2015, the Defendant, at the above place of business, had the victim G (54 years of age) engage in a saved operation of a room (saved with a save and save beamed with a save and save beamed with a save) save to the save beam, and installed a cover, etc. at the saves of the said save.

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