업무상과실치사
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment without prison labor for six months.
except that this judgment.
1. Summary of grounds for appeal;
A. According to the evidence submitted by the prosecutor against Defendant A, the Defendant, as a construction manager at the instant site and a field safety manager, bears the duty of supervision and accident prevention of gas pipelines for safe reclamation of gas pipelines. However, the lower court acquitted the Defendant of the facts charged in this case on the premise that the Defendant did not have a duty of care to prevent earth and sand collapse, etc. at the time of excavation works, and thereby erred by misapprehending the facts and affecting the conclusion of the judgment.
B. The sentence of the lower court against Defendant B (e.g., imprisonment without prison labor for four months and one year of suspended execution) against Defendant B is too uneased and unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the lower court, the following circumstances are acknowledged. D Co., Ltd. was awarded a contract with H Co., Ltd. for “V Urban Gas Main Corporation” on March 2012, and performed excavation and gas pipeline work for urban gas pipelines laid underground from June 8, 2012.
B) According to the above contract, D Co., Ltd. shall appoint a national technical qualification holder corresponding to the above construction work as a field agent and submit a certificate of qualification to H Co., Ltd. prior to the commencement of the construction work. ② On-site agent shall stay at the construction site and handle all matters concerning the control of the construction site and the construction work in accordance with the supervision or direction of the field supervisor (Article 6 of the contract). Accordingly, D Co., Ltd. shall be the construction manager and the site safety manager around June 2012, as Defendant A, who is qualified as a gas engineer, as Defendant B, as the site safety manager (on-site agent) and Defendant B. Meanwhile, according to the execution management and execution instruction of H Co., Ltd., the depth of excavation exceeds 2 meters.