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(영문) 부산지방법원 2012.12.06 2012노3077

업무상과실치상

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The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. Error of facts: (a) The Defendant, who is in the position of the head of a branch office, cannot be deemed to bear the duty of supervision over the wearing of safety equipment of workers; (b) there was no negligence on the Defendant; and (c) the Defendant could not have predicted that the victim would work in a very dangerous manner beyond normal working methods; and (c) even if he wears safety equipment, there was the same damage to the victim;

B. The penalty of the lower judgment on the grounds of unreasonable sentencing (one million won by fine) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The Defendant is the head of Gangseo-gu Busan E company in charge of the duty of safety management at work site.

These safety control managers have the duty to manage and supervise whether workers wear safety equipment in preparation for accidents that may occur during their work.

At around 11:20 on January 2, 2012, the Defendant, at the above E Co., Ltd., Ltd., carried out the process of confirming the leakage of the engine hedging, which is an automobile component, to the victim F, and thus, the victim was negligent in supervising the work with safety equipment, such as safety appearance and security shield, but the victim was unable to wear the engine hedging, and the victim was injured by the pressure of the engine scoob due to the pressure while injecting the engine hedging in order to confirm whether the engine hedging can be leakage without wearing the safety light.

B. The lower court found the Defendant guilty of the instant facts charged and sentenced the Defendant to a fine of KRW 5 million.

C. The court below duly adopted and examined the following circumstances, i.e., confirmation of the leakage of engines, which are motor vehicle parts.