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(영문) 서울서부지방법원 2014.01.24 2013고단2132

업무상과실치사등

Text

Defendant

A shall be punished by a fine of KRW 10,000,00 and by a fine of KRW 5,00,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a business owner who runs the “F” in Gangnam-gu Etel 1618, and Defendant B is a person who runs the freight trucking services for H accusation work in Eunpyeong-gu Seoul Metropolitan Government (301).

On April 11, 2013, at around 11:30, the Defendants were in charge of the cell work of shot tree (the height is about 5.0m) planted on the part of Yongsan-gu Seoul Special Metropolitan City I Apartment 106, and the business owner should provide protective outfits, such as safety cap and safety belt, when using the accusation unit, and have the employees wear it, and when using the accusation unit, the employees should not take aboard and move the manual. However, the Defendants neglected this without wearing safety cap and safety belt to the victim J(72). Defendant B, without leaving the accusation unit the lowest, moved the victim’s body to the center of the work site, fell into the ground that the victim lost its body and fell into the center of the work site.

Ultimately, the Defendants had the victim do work without wearing the safety cap and safety belt as above, and caused the victim to die by occupational negligence while carrying the victim while setting up the safety belt, and moving the victim, at the L Hospital located in Dongjak-gu Seoul Metropolitan Government K on April 2, 2013, in the form of brain livering due to the climatic transfusion.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of M;

1. Application of Acts and subordinate statutes to a copy of a death diagnosis report, on-site photograph, modified photograph, report on occurrence of each serious accident, supervision mark on construction safety and health, and written opinion on accident investigation;

1. Defendant A of the relevant criminal facts: Articles 66-2 and 23 (3) of the Occupational Safety and Health Act, Articles 268 and 30 of the Criminal Act: Articles 268 and 30 of the Criminal Act;

1. Defendant A with ordinary concurrence: The Occupational Safety and Health Act with heavy penalty under Articles 40 and 50 of the Criminal Act.