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(영문) 의정부지방법원 고양지원 2016.11.03 2016고단1184

업무상과실치상등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a personal business operator who carries out construction works to remove the sn beam beamline 1st floor warehouse building located in Pakistan, using five full-time employees, such as victims D (64 years old).

1. On June 3, 2015, the Defendant injured by occupational negligence: (a) around 10:30, at the site of the removal of the building manufactured by the sn beam; (b) in order to remove the building manufactured by the sn beam, the Defendant was obliged to carry out dismantling work by attaching the sn beam to the sn beam line as a sn beamer with the sn beam to fix the sn beam on the floor; and (c) in preparation for the occurrence of the accident in which the sn beam beam exceeds, the Defendant was obliged to perform safety education for workers and to perform works to wear

Nevertheless, the Defendant neglected this and did not provide employees with education and safety education on the order of work, and did not instruct employees to wear safety appearance, and caused employees to go against the head part of the victim’s body while the employees did not set the sn beam with the sn beam in order to increase the working speed, and the sn beam of the sn beam was used as a sn beam while all the sn beam of the sn beam was engaged in work while the sn beam of the sn beam was cut off in order to increase the working speed.

Ultimately, the Defendant suffered injury to the victim, such as “finite cerebral pathy,” which requires treatment for about six months due to such occupational negligence.

2. Violation of the Labor Standards Act.

(a) An employer shall provide necessary medical treatment at his expense or bear corresponding expenses for a worker who suffers from an occupational injury or disease;

Nevertheless, the Defendant did not compensate D for total of KRW 1,44,591, such as medical expenses and the weak value incurred in hospitalization, treatment, etc. from June 4, 2015 to September 3, 2015, to a person who is under medical care due to occupational injury, as described in the foregoing paragraph (1).

B. An employer shall be a worker who is under medical care pursuant to Article 78 of the Labor Standards Act.