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(영문) 인천지방법원 2018.08.16 2018고단4079

업무상과실치상

Text

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

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

Reasons

Punishment of the crime

The defendant is a director of the building project headquarters belonging to the Seoul Seocho-gu Seoul Metropolitan Government, and is a director in charge of overall supervision over the construction site of the E-building in Incheon Spojin-gun, and was responsible for the management of safety, etc. of workers at the construction site of the above construction site.

On November 20, 2017, at around 10:30 on November 20, 2017, the Defendant: (a) ordered the victim F (49 years of age) to work at the construction site of the above E, to install a beam for the second floor.

The above 2nd floor installation work can lead to a large degree of fall at a height of about 3 meters from the floor of the 1st floor at the site and about 85cm from that place. In such a case, the Defendant has a duty of care to take measures to prevent fall, such as installing a safety support team and a safety log prior to the work, and paying the safety belt (safety belt) to the employees under his/her jurisdiction.

Nevertheless, the Defendant did not install safety support units and safety lines, and did not take measures to prevent falling, such as not paying safety belts, and had the victim do the installation work of the second floor. Accordingly, the victim fell from the height of approximately 3m 85cm to the floor at a height of 85m.

As a result, the Defendant caused the victim to suffer bodily injury due to the above occupational negligence, such as the body body felbling, the body body felling, the opening of the body, etc. requiring approximately 16 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A medical certificate;

1. On-site photographs, copies of on-site drawings, verifying the purchase of industrial accident insurance, copies of labor contracts, work sites, and printing out of the site at the time of occurrence of the case;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 268 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment without prison labor;

1. The reason for sentencing of Article 62(1) of the Criminal Act is as follows.