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(영문) 청주지방법원 2017.05.11 2016고단2283

업무상과실치상

Text

Defendant

A shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who has been subcontracted to install elevators at the construction site of the F Culture Center located in the Cheongju Complex E from the representative B of the C, and G is a representative director of the (main) H, who has contracted to install elevators at the construction site of the said F Culture Center, and Defendant B is a representative of the said C, who has contracted to install elevators at the construction site of the said F Culture Center from the said H.

(H) H is a corporation established for the purpose of manufacturing elevators, installing elevators, etc., and Defendant C is a corporation established for the purpose of repairing elevators, manufacturing elevators, and manufacturing elevator parts.

1. On December 1, 2015, Defendant A had the victim I perform the installation work of elevators from the fourth floor elevator upper part of the building site at the construction site of the F Culture Center at around 11:30 on December 1, 2015.

In such cases, as an elevator installer, there was a duty of care to prevent workmen from falling down below by installing a safety rail at the elevator upper part and fixing the safety rail as a V.

Nevertheless, the Defendant neglected to do so and did not fix the safety rail straw, and caused the victim to fall under approximately 20 meters below the floor because of occupational negligence, which caused the collapse of the tools installed in the elevator upper part, in order to put the body frame installed in the elevator upper part, in order to put the room for the above safety rail over the future. However, while the fixed cable line was cut, the fixed cable line was cut, and the victim fell under the floor below about 20 meters.

Ultimately, the Defendant caused the victim by such occupational negligence to suffer injury, such as an injury to the victim, such as the mouth of the inner part, including the inner part that requires continuous rehabilitation treatment due to the number of days of treatment, and the mouth of the upper part, the lower part of the lower part of the upper part, the pressure of the upper part of the upper part, and the shock of the upper part of the upper part of the upper part of the family where it was unknown.

2. Defendant B’s demand and supply.