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(영문) 대구지방법원 2017.07.21 2016고단5459

업무상과실치상

Text

Defendant shall be punished by imprisonment without prison labor for six months.

Costs of lawsuit shall be borne by the defendant.

Reasons

Punishment of the crime

The defendant is a person in charge of the family house repair work in Cheongbuk-do, Cheongbuk-do C.

On March 1, 2016, the Defendant had the victim D (51 tax) dismantle the roof of the house from the roof of approximately 220 cm height at around 1:0 on March 1, 2016.

The field officer has a duty of care to take measures necessary to prevent the fall risk, such as having workers wear a safety belt, if it is difficult to install a work plate or install such a work plate by means of assembling the vision, etc., at a place where a worker in the work falls or is at risk of fall.

Nevertheless, the defendant did not take necessary measures, such as installing the above work spons or wearing a safety spons.

Under the above circumstances, the damaged person was faced with the floor of the floor while carrying out the roof dismantling work on the roof at a height of approximately 220 cm as above.

Ultimately, the Defendant caused the victim to suffer injury, such as pressure pressure pressure for 2 weeks in need of approximately 8 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. The defendant asserts to the effect that each description or image of the complaint, each medical certificate, each investigation report (related to attaching field photographs), and field photographs [the defendant is not obligated to take necessary measures to prevent the fall of the defendant, and the victim intentionally runs away from the roof, so the defendant is not liable for the injury inflicted on the victim.

The following circumstances revealed by the evidence, i.e., ① the victim fell while working on the roof in the construction site of this case managed by the Defendant, and no equipment that could prevent the fall at the time was installed, and ② the victim was installed.