업무상과실치상
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (based on factual errors and misapprehension of the legal principles) has fulfilled the duty of care to prevent people from entering the door of favor by diving out the glass door of the part removing the safety danger and attaching a mark prohibiting access thereto. Even if not, since the accident of this case occurred due to unauthorized intrusion into the second floor of the NTS building where the victim's access was controlled, there is no proximate causal relation between the Defendant's breach of the duty of care and the victim's injury.
2. Determination
A. According to the evidence duly adopted and examined by the court below, the following facts can be acknowledged.
1) A D building in which the instant accident occurred consists of two buildings of the wab and the cafeteria, and a two to three-meter connecting the two floors of the wab and the cafeteria is installed on the second floor of the part where the wab and the cafeteria face each other in order to create a connecting passage between the wab and the cafeteria. However, without the connection passage, a glass entrance is opened in a state where the connection passage is not created and the floor is cut down immediately on the outside, and thus, the second floor of the wabur (hereinafter referred to as the “instant glass door”).
(2) On September 12, 2012, at around 18:30, the Defendant ordered F’s employees G who were subcontracted for metal interior works from E to remove the safety risks in front of the instant glass door for the purpose of painting work between the safety difficulties to be implemented following the following day, and G removed the safety risks.
3 The victim is a person who operates a “H restaurant” in the vicinity of the construction site of this case and is mainly engaged in the delivery service by employees, and thus does not know well the structure of the construction site of this case. On the day of the accident, the victim delivered food to the first floor of the wa, and the employee K delivered food to the cafeteria.
In order to find a misunderstanding, the victim directly collects part of the 20:30 on the 1st floor of the wale on the same day, and is in the rest of the cafeteria.