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(영문) 창원지방법원 2018.08.10 2018고단1248
업무상과실치상
Text

Defendant

A shall be punished by imprisonment without prison labor for six months, and by a fine of five million won, respectively.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

B is a safety manager who manages matters concerning the safety of workers belonging to C housing and workers belonging to the contractor by proxy of the safety management team at the construction site of the old apartment construction site in the Jin-si Seoul Metropolitan City, which is the construction site of C, and the defendant A is a pilot who drives a mobile string d 51 ton of D51 ton at the construction site of

Defendant

B around 09:30 on July 25, 2017, around 09:02, around 102, the above apartment building was 102, Defendant A, through the EF warden, who was awarded a subcontract from C Housing, operated ckes, and had Defendant A start up with 5 tons to 9 tons of weight (PC and process concrete).

As above, there is a risk of accidents, such as a weather fall, and in such cases, Defendant B had a duty of care to provide prior education to the driver of the cler in order to safely move the cargo by complying with the method of adjustment and signal, etc., and to verify whether the cler installed the cler at an appropriate place. Defendant A, a driver of the cler, had a duty of care to take safety measures, such as taking safety measures to prevent the cler from exceeding the load that can support by taking into account the length of the boom, each map, and the weight of the moving goods.

Nevertheless, Defendant B did not provide prior education to Defendant A and did not check the location of the scke. Defendant A refers to a device that prevents the scke from exceeding the sckes’ support for each moment when the sckes move away along with boom prevention device in order to eliminate any inconvenience that automatically stop if the sckes exceed the load.

(4.5 tons) shall be cancelled and the appropriate load of the Company.

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