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(영문) 전주지방법원 군산지원 2019.10.25 2019고단981
업무상과실치사
Text

Defendant

A shall be punished by imprisonment without prison labor for six months, and by imprisonment without prison labor for three months.

However, from the date this judgment became final and conclusive, Defendant A.

Reasons

Punishment of the crime

Defendant

A is a person who works for a corporation as a type of engineer in C.

Defendant

B is a supervisor who performs the duties of safety management in the workplace as a person who works as a regular manager from C and F to a limited-liability company that is the representative of the victim D(51).

At around 11:30 on December 28, 2018, Defendants used the F plant located in Sinsan City G to perform the work of cutting and unloading timber, and the victim was engaged in the disease control work for timber loaded in the same workplace under the said contract. In such a case, Defendant B, who is the safety supervisor in the workplace, had a duty of care to clearly separate the course of the vehicle to be moved by the worker in preparation for the danger of collision between the worker and the place where the worker works, and had a duty of care to prevent the collision between the worker and the place where the worker works. Defendant A, who actually operated the vehicle, had a duty of care to take care of preventing the collision.

Nevertheless, Defendant B failed to clearly distinguish the space of preventive work such as installation of a boundary mark by neglecting this, and the route of movement of the said vehicle to be used by the said A without clearly distinguishing it, and Defendant A neglected the duty of front-time care and caused the death of the victim to the right side of the said vehicle due to the negligence in the course of business, which operated the said vehicle by neglecting the duty of front-time care, without finding the victim in transit from the front side of the said vehicle, and due to the shock of the victim’s parts such as the victim’s etc., at around 11:40 on the same day.

Accordingly, the Defendants jointly caused the death of the victim due to occupational negligence.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of police statement to I and J;

1. Domestic investigation reports (in relation to the designation of supervisors, degree of organization, etc.).

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