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(영문) 부산지방법원 2015.12.09 2015고단3832

업무상과실치상

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Defendant shall be punished by imprisonment without prison labor for six 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

The Defendant is a person who operates a secondhand shop in the name of “C” and engages in the removal of buildings and the collection of waste materials generated therefrom.

On March 23, 2015, the Defendant employed victims E (year 56) and removed the above building from the assembly-type panel building located in Busan Dong-gu, Busan, and had the victim remove the roof panel along with the victim.

Since the roof of the above building is about 2 meters at a height of about 51cm and can vary substantially from the place, a person engaged in the removal work has a duty of care to provide safety education to the employees prior to the removal work, to wear protective equipment, such as safety caps, and to install safety equipment, such as safety caps, and to carry out the removal work.

Nevertheless, the Defendant neglected this and caused the victim to work on the roof without wearing a protective gear, and caused the victim to suffer bodily injury, such as double-frames, which require approximately six weeks of medical treatment, when the victim fells into the bottom of vady roof, which is vaddi.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of the police statement concerning F;

1. Medical certificate and certificate of medical treatment;

1. Receipts and written agreements;

1. On-site photographs, reports on results of field identification, and photographs of results of identification;

1. Business registration certificate;

1. According to each of the evidence in its holding, the defendant, who operated the secondhand panel, made a verbal agreement on the removal of the assembly-type panel building of this case on the condition that he would receive 500,000 won of the cost of removal from F from F and bring all materials, such as the panel, etc. arising during the removal process, and the defendant was defective as the victim did the removal work of the above assembly-type panel building of this case.