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(영문) 인천지방법원 2014.01.09 2013고단2270
업무상과실치사
Text

Defendant

A and B shall be punished by imprisonment without prison labor for eight months, and Defendant C shall be punished by imprisonment without prison labor for six months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendant

B is the head of the safety team in charge of the I Incheon branch office, and is the general manager in charge of safety management at the present site.

Defendant

A is a person in charge of on-the-spot safety in the land of the I Incheon branch office, who is in charge of the duties of traffic signalling, such as direction and supervision of the work of workers and construction-related persons at the site.

Defendant

C is a driver of a vehicle belonging to the JA which entered into a equipment use contract with the I Incheon branch, who takes charge of transporting pipes stored at the site.

On September 15, 2012, at around 20:40, Defendants were engaged in moving to the main line (AMFITA) at which they anchored the pipeline (12 meters in length, 1.2 tons in weight) for the export of the Eastern Steel, located in the Incheon Port Office of Incheon, Seo-gu, Incheon.

Defendant

B as a general manager in charge of on-site safety management, there is a risk of collapse or fall in the above loading and unloading, and there was a duty of care to prevent accidents in advance, such as setting up fences, etc., and posting signal numbers when using loading and unloading transportation equipment, posting appropriate safety control personnel, etc.

Defendant

A has a duty of care to take safety measures, such as giving safety instructions to the driver C, and to proceed with the work, since A has to serve as a signal number of the loading and unloading transportation equipment as a on-site safety manager, in the event that two vehicles have been managed by A are moved to another place.

Defendant

C There was a duty of care to suspend the work and to inform a person in charge of on-site safety of a person who engages in moving pipe to a ship using a pipe in the working group when he/she confirms that there is a person within the working group.

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