업무상과실치사등
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. In fact, the air carrier of this case, which the victim felled, is a place where people's boarding is prohibited for cargo transport, and the victim is not for the repair of the vertical return machine or other business, but for the purpose of moving from the underground floor to the 5th floor, and the accident of this case occurred. As such, the defendant is obliged to take safety measures by predicting that the worker is obliged to follow work guidelines and to embark in the vertical half of which the passengers are prohibited to board.
It is difficult to see it.
Nevertheless, the court below found all of the facts charged of this case guilty. The court below erred by misapprehending the facts.
B. The punishment sentenced by the court below (Defendant A: imprisonment with prison labor for six months, suspended execution for one year, and Defendant B: fine for two million won) is too unreasonable.
2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated, the lower court’s determination that found the Defendant guilty of the instant facts charged is justifiable, and there is no error of law by misconception of facts, as alleged by the Defendants.
Therefore, the above assertion by the Defendants is without merit.
① In light of K’s legal statement in the lower court, safety inspection report, and relevant provisions (see, e.g., Article 86(3) of the Rules on Industrial Safety and Health), the business owner should not, in principle, have workers aboard the transport equipment of the lifts for general work. However, in exceptional cases, where any work, such as repair adjustment, inspection, etc., was performed, the business owner may board the aircraft when the worker engaged in the work was taken measures to avoid the risk of falling, and the participation in the production work of the vertical half of the instant number under G company
MDo police statements to the effect that “I are going to work after going to each floor inside the elevator” (see, e.g., title 2, title 57 of the evidence record).