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(영문) 수원지방법원 여주지원 2016.09.20 2016고정197

업무상과실치상

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is responsible for the safety management of his/her employees as a C-Site manager of the Co., Ltd. performing steel reinforced concrete construction work among new construction works B, and the victim D (65 years and South) is a worker belonging to the above company of Chinese nationality.

On September 23, 2015, the Defendant: (a) around 11:40, the construction site B located in Ischeon-si E; and (b) had employees, including victims D, perform the construction work of installing safety equipment signs for the steel stud mechanical construction works in the second-story mechanical parking lot on the system distribution box.

When the defendant engages in the work of handling heavy objects, such as loading and unloading temporary materials, such as a panel, at a place where workers are at risk of falling, he/she shall establish safety measures to prevent such danger and have them do so.

Nevertheless, while neglecting his/her duties, he/she forcibly performed the installation work of a safety device, such as a fall prevention net or safety log, at the work site of his/her employee, and caused approximately one ton of the provisional materials (spath) taken by the injured party in hand at the system so that he/she gets off and unloaded, he/she felled into the second floor below 2.5 meters above the upper 2.5 meters below the upper 2nd floor and then sustained approximately 6 weeks back to the injured party, resulting in an injury to the injured party by falling up of about 1 ton of the provisional materials (spath) taken up in the system so that he/she can take up on the system so that he/she can take care of the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, F and G;

1. Photographs photographs at the scene of an accident;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of data on the survey of a contractor);

1. Article 268 of the Criminal Act applicable to the facts constituting an offense, Article 268 of the Criminal Act chosen a penalty, and the choice of fines

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;