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(영문) 대구지방법원 2019.03.12 2018고단6115

업무상과실치사등

Text

Defendants shall be punished by a fine of five million won.

Defendant

If A does not pay the above fine, it shall be 100,000 won.

Reasons

Punishment of the crime

Defendant

A limited partnership company B is a corporation established on February 20, 191 for the purpose of the communications construction business, etc., which has its head office in Daegu Suwon-gu C, and around June 30, 2018, is a business owner who performs a "E" as ordered by the Dispute Resolution Co., Ltd.

Defendant

A is an employee of the foregoing limited partnership company B who works as the Director of the Field of “E” and is responsible for the safety and health of workers at the construction site.

1. On July 4, 2018, at around 10:45, Defendant A had a disaster-based net G from Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, Cheongdo-do-gun, Cheongdo-gun, who flowed electricity of 220 V to 225V, carried out the relocation of telecommunications lines in the vicinity of the charging station.

As such, in the case of electricity work at a place near the charging path, the business owner has a duty of care to install a studio protection apparatus suitable for the voltage, but in the case of low voltage and unlikely to contact with the charging path, he had a duty of care to require the electricity business operator to wear a studio protection apparatus.

Nevertheless, the Defendant neglected this and failed to comply with safety measures, such as failing to install an adequate protection apparatus at the above work site, and failing to provide the above G with an inevitable protective device.

As a result, while the victim G was engaged in the moving-in work of the telecommunications line, the victim G died due to the reduction accident caused by the charging contact on July 6, 2018.

Accordingly, the Defendant caused the death of the victim by occupational negligence as above and caused the death of the worker by failing to take such safety measures as above.

2. A, an employee of the Defendant Limited Partnership Company B, did not take necessary measures to prevent safety accidents as described in paragraph (1) with respect to the Defendant’s business, thereby causing the death of the victim G.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Statement of disaster investigation;

1. The application of Acts and subordinate statutes of the death diagnosis report.