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(영문) 수원지방법원 2017.07.20 2017고단1162
업무상과실치사
Text

1. Defendant A’s imprisonment for four months, Defendant B’s imprisonment for eight months, and Defendant C’s fine for 50,000,000 won.

Reasons

Punishment of the crime

Defendant A, “2017 Highest 1162,” Defendant A, “Defendant C,” “G,” which is being a part of the project site in Osan City, under a contract with the environmental project site in Osan City, is an excavated driver, and Defendant B, as the site site manager of the above G, is a person responsible for the overall responsibility, such as site safety management, for Defendant C.

1. Defendant A is a person engaged in the operation of an excavated machine.

On October 19, 2016, around 11:05, the Defendant: (a) performed excavation work by operating a excavated hole at the site of the maintenance work for sewage pipes located in H in Hasan-si; (b) in such a case, the Defendant had a duty of care to take appropriate measures to prevent earth erosion, such as loading excavated sand at a safe place; and (c) to install a support unit against ground collapse or falling away from earth and sand; and (d) to take appropriate measures to ensure that earth erosion does not collapse.

Nevertheless, the Defendant neglected to do so, without installing a soil gate or support unit, sold earth and sand by recklessly operating the excavated machine, and was negligent in loading up the excavated earth and sand immediately next to the excavated sand, and the victim I (63) who measured the depth of the installation of sewage pipes at a place where the earth and sand was cut down and then buried.

Ultimately, the Defendant caused the victim's death by the occupational negligence above, due to the pressure fluority, the defluor coloring, the chest, and the pelvise damage in the workplace.

2. Where a worker is likely to pose a risk due to the collapse of the ground, the falling of earth and rocks, etc., Defendant B’s business owner shall remove earth and rocks at risk of falling or install earth and rocks breathing, etc. in order to prevent the risk, and where excavation work of ground is conducted at a height of not less than 2 meters of the excavated surface, the shape of the relevant workplace in order to prevent the danger to workers;

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