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(영문) 대구지방법원 서부지원 2015.11.27 2015고정907

업무상과실치사등

Text

Defendant

A A shall be punished by a fine of 2 million won, and the defendant B shall be punished by a fine of 1.5 million won.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) is a corporation established for the purpose of producing liquid manure at the bottom of the treatment of livestock excreta, using three full-time workers at the place of business in the Gyeong-gun, Seongbuk-gun, and Defendant A is the representative of the Defendant Co., Ltd. who is responsible for all matters concerning the safety and health of its employees.

1. The business owner of the defendant A shall take necessary measures, such as taking protective measures, such as safety rains, fences, covers, etc., on the opening part of the opening in order to prevent the danger at a place where workers might fall down at work, and take necessary measures, such as providing workers with respiratory protective outfits to prevent health disorder caused by gases, etc. discharged from the workplace, and educating them to wear them as necessary;

Nevertheless, the Defendant did not properly install safety dogs, covers, etc. at the above workplace, and did not instruct workers to wear and work respiratory protective outfits, and fell inside the water tank in the process of confirming the operation of the water tank and the water tank by the victim D (the age of 62) at the above workplace on May 15, 2015.

2. In relation to the Defendant’s business, the Defendant Company: (a) did not properly install safety intervals and covers the Defendant’s business; (b) did not instruct the employees to wear respiratory protective outfits and work; and (c) caused the death of the on-site workers.

Summary of Evidence

1. The defendant A's partial statement

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and F;

1. A report on the occurrence of a disaster, on the site, and a photographic examination report of a deceased person;

1. A written opinion on disaster investigation;

1. Photographss of the scene of the disaster and CCTV photographs on the site;

1. Application of Acts and subordinate statutes concerning autopsys;

1. The relevant Article of the facts constituting the crime and the defendant A who has chosen a sentence: