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(영문) 부산지방법원 2016.02.17 2015고단3228

업무상과실치상

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Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in safety management at the construction site as a field leader of E who has been awarded a contract with C for a "C factory construction work" in Gangseo-gu Busan Metropolitan Government D area.

At around 14:00 on January 17, 2015, the Defendant: (a) ordered the Victim F (50 tax) to load and unload 15 concrete files (one weight per unit: approximately 1 ton, size: 12m) in the form of skin, which are loaded in G Trler at the construction site of the foregoing C factory.

The above concrete file is in the shape of nesnes, and the removal of the burners loaded in order to perform loading and unloading operations is likely to collapse by leaving the above file out. The above concrete file is anticipated to have an accident if falling below 1 ton of weight per unit, and about 12m in length. Thus, the defendant in charge of safety management at the above site has a duty of care to take measures necessary to confirm the risk of falling and to prevent safety accidents by loading the cargo in accordance with the work order and work method in the work plan.

Nevertheless, the Defendant neglected this and caused an accident to the victim with regard to the concrete file, which caused the victim to load and unload the aforesaid concrete file by negligence in the course of performing his/her duties. However, the victim, who removed the burner team timber from his/her business negligence, extracted the concrete file and caused the victim to cover the concrete file.

Ultimately, the Defendant suffered injury, such as the 13 weeks of external blood transfusions, cage cage cages, and chump fages, which require approximately 13 weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, I, J, K and L;

1. A report on internal investigation (the fact-finding);