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(영문) 수원지방법원 안양지원 2015.06.05 2014고단1907

업무상과실치사등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On June 16, 2014, the Defendant is an operator of “F” and a person who is responsible for overall management of safety and health affairs of his/her employees, who is awarded a contract for KRW 10.7 million of the cost of the external launchings construction works, etc. of the (ju) E dormitory building located in Si/Gun/Gu around 2014.

around 09:30 on June 19, 2014, the Defendant had the victim G (Nam, 59 years of age) who is an employee at the construction site at the above site and had the victim G (Seoul, and 59 years of age) take an operation of spreading water on the outer wall of the building using a monthly vision.

In such cases, in order to prevent the fall risk of workers, the business owner shall install a safety belt and life rope in the scambling system, and shall pay safety caps to workers engaged in work at the risk of falling.

Nevertheless, the Defendant did not pay a safety cap to the victim, and caused the death of two parts around 14:49 on the same day, when the victim was forced to work without having a safety belt and life rope installed, and the victim was forced to work by negligence in the course of his/her duty, so that the victim was forced to work, and his/her head was left behind due to his/her death.

As a result, the Defendant did not take necessary measures to prevent the danger at a place where workers might fall down, and caused the death of the victim by occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness H in the court;

1. Statement of the police officer to I;

1. Statement of disaster investigation;

1. A death certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 268 of the Criminal Act, Articles 66-2 and 23 (3) of the Occupational Safety and Health Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Determination as to the assertion of the defendant and defense counsel under Article 62(1) of the Criminal Act, the defendant and defense counsel.