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(영문) 부산지방법원 2013.04.23 2012고단10076

업무상과실치사등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

1. On April 27, 2012, the Defendant: (a) was a personal construction business operator who was awarded a subcontract for studio construction works on the ground D, Busan-gu, Busan-gu, where construction is performed; and (b) on April 27, 2012, the victim E (the age of 53) was a worker on the fourth floor of the building in the construction site.

At the time, a chain was established for the fluorization of the two sides of the fourth floor of the above building at the time, and thus, the Defendant, as the business owner, had a duty of care to pay safety caps to the victim in preparation for the risks of falling off to workers, such as falling off, etc.

In addition, in the course of handling a crypt, which is a heavy object, a prior survey on the characteristics, etc. of the relevant work, workplace, topography, etc. shall be conducted in order to prevent the danger of workers, such as fall, fall, electric intensity, and narrow landing, and the results of the survey shall be recorded and preserved, taking into account the results of the survey, there was a duty of care to prepare a work plan including safety measures to prevent such danger

Nevertheless, the Defendant did not take such safety measures as above, and had the victim do so so so, and caused the victim's death by damage to the joints of the two parts during treatment at the Busan F Hospital at around 11:50 on the same day, where the victim had the victim separates the left-hand frier house from the wall without connection with the chain, and tried to use the opposite frier, which was connected to the chain from the wall, without showing the load of the frierite house.

2. A business owner who has violated the Occupational Safety and Health Act shall be in danger of safety on the open side of stairs the height of which is at least one meter;