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(영문) 수원지방법원 여주지원 2014.06.09 2014고정183
업무상과실치사
Text

Defendant shall be punished by a fine of five million won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a person in charge of safety and health management and a business owner, who operates a landscaping company in the trade name of “B,” and C is a driver of a vehicle with a 5 tones of D5 tons.

Defendant

At around 09:48 on December 3, 2013, A entered into a contract with F to receive KRW 6 million for tree cutting work at the F’s residence located in Gyeonggi-si E, and entered into a contract with F to employ the victim G who is a work worker, and get C driver to board the string vehicle and get C driver to board the string vehicle and get up to 8m of the string ticket connected to the above vehicle and up to the height of 8m above ground.

In this case, Defendant A, as a person in charge of safety and health management and a business owner, has a duty of care to prevent accidents in advance, at a place where workers might fall at work, and in particular, at a height of not less than two meters using an accusation manual, Defendant A had a worker wear protective equipment, such as a safety cap, safety net, etc. in preparation for the fall risk of workers; on the other hand, Defendant A had a duty of care to prevent accidents in advance by setting a certain signal method and providing safety education to workers engaged in the work; and C had a driver of a cleret connected to the boxet, with a duty of care to prevent accidents by preventing risks caused by machines, apparatus, and other equipment, such as providing safety education; and C has a duty of care to install a safety belt, safety bell, safety height, etc. in preparation for the fall risk of workers working at the box, and operated a cleret in the state of the work of the victim, and operating a cleret accurately, and to prevent risks.

Nevertheless, Defendant A has workers wear protective outfits, such as safety caps, safety belts, etc., or install such safety devices.

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