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(영문) 청주지방법원 2016.06.15 2016고정227

업무상과실치상

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who has overall control over the above construction as the field warden of E corporation that has been awarded a contract for the construction of a multi-family house in the Heung-gu Seoul Metropolitan Government D from the victim C (46 tax).

On April 9, 2015, from around July 31, 2015 to around July 31, 2015, the Defendant performed the construction of the said multi-family house by using Ch200 (HY200-R Rebar): D10 x 14 x 90) supplied by TW2 Korea Co., Ltd. in executing the construction of the said multi-family house.

In executing the above so-called Capital, the defendant had a duty of care to safely perform the work in line with the length of 10m thick, 14m diameter diameter, and 9cm length of steel in accordance with the manual.

Nevertheless, the Defendant executed construction with a shorter length of 6 to 8cm, which is shorter than 9cm in the manual, and caused injury, such as dump dump dump dump dump dump ( length: 1m x 2.65m, height: 0.8m, weight: 2.09m, weight: 2.09m) on August 30, 2015, which caused collapse and collapsed around 06:00 on August 30, 2015, and caused injury to the victim in the vicinity, by causing the victim in the vicinity to go beyond the wave.

Accordingly, the defendant suffered injury to the victim due to occupational negligence.

Summary of Evidence

1. Defendant’s partial statement 1. Defendant’s testimony [Defendant and Defendant’s defense counsel acknowledged the fact that there was a collapse accident, such as the facts stated in the facts of the crime, in the construction site overall supervision (hereinafter “the instant collapse accident”), and Defendant did not dispute the fact that Defendant was negligent in the execution of the construction, but the fact that Defendant was not injured due to the collapse accident cannot be acknowledged.” However, the victim (the witness C) consistently testified in this court that “the Defendant suffered injury, such as the facts of the crime, due to the collapse accident in this case, and even suffered injury.”