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(영문) 인천지방법원 2018.04.27 2018고정709

업무상과실치상

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a representative of “B”, who is a business entity installing air-conditions, and is a business owner who exercises overall control over employment, work instruction, supervision, etc. of workers.

On July 15, 2017, the Defendant, at around 17:10, posted approximately 310km (212cm in height, 178cm in width, 88cm in length) from the floor surface of the air-resistant habiting machine up to about 30cm in height of 30cm from the floor to 3 persons, such as the victim F (46cm in size) of the above “B” (310cm in height, 212cm in width, 178cm in length, 88cm in length).

In such cases, the business owner has a duty of care to prevent navigation-resistant accidents, such as setting up safety measures to prevent navigation-resistant habits during work, educating workers, supervising workers at work sites, etc.

Nevertheless, the Defendant neglected this and did not put up a particular measure on the ionothm of the air temperature and caused three victims, such as the victim, etc. to have three persons, perform the operation of the air-resistant habits without the supervision of the defendant.

As a result, the Defendant suffered injury to the victim, such as cutting down the upper part of the upper part of the body in need of approximately 12 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Business registration certificate, on-site photographs, and report on internal investigation (on-site photographs of the case);

1. Application of Acts and subordinate statutes, such as a medical certificate and hospital medical record;

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. Taking into account the fact that an accident happens in the situation where sufficient manpower and equipment to move air-resistant habits, which is weighting up to 300 kilograms of the sentencing of Article 334(1) of the Criminal Procedure Act, is not furnished, and the victim's injury is serious.