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(영문) 대전지방법원 서산지원 2014.07.18 2014고단281

업무상과실치상등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is the owner and the on-site manager of the 4th floor of the multi-family house B in Seosan-si, and is a person who exercises overall control over safety management of workers in performing construction works by using workers working at the above site.

On July 12, 2013, at around 11:30, the Defendant had the victim C (the age of 62) working at the above construction site attach a substitute stone to the outer wall of the building, which is set up on the outer wall of the second floor of the building.

The second floor of the above building, the victim's work place, is a place with a height of 3.3 meters above the ground and is a slope that the victim moves while working, and thus, there is a danger of fall during the work. Thus, the defendant, a field safety manager, has the duty of care to prevent the fall accident by having the cover installed in the opening of the opening where workers move, so that it does not cut off or fall off, and paying safety caps and safety belts to workers.

Nevertheless, the Defendant, while managing work at the site, did not confirm whether the victim is working with the safety cap and the safety belt worn, did not install a cover of the opening, and the victim, who was working without wearing the safety cap and the safety belt, fell on the ground below 3.3 meters as the cover of the opening which was unfixed in the work on the cover of the opening.

As a result, the Defendant did not take such measures as above, and at the same time, violated the duty of care as above, and caused the victim to suffer bodily injury, such as approximately 10 cm from the side of the full part.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. A copy of the medical record, a report on internal investigation (related to the replacement of a death report) and a copy of the diagnosis report attached thereto, a copy of the medical record, a response to requests for autopsy for expert opinion, and the degree of injury of the victim requesting investigation cooperation;