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(영문) 광주지방법원 순천지원 2013.04.23 2013고정63

업무상과실치사등

Text

Defendants shall be punished by a fine of five million won.

Defendant

A fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

1. From May 7, 2010 to the date, Defendant A is the representative director of the company Jeonnam-gun B, who was engaged in overall business such as working instruction, safety management, etc. of the said company, and is the business owner as a person in charge of safety and health management.

On February 24, 2012, the Defendant, around 08:29, had seven workers, including victims E (year 52), etc., cut off small trees, high trees, etc. among large trees at the site of “D business” work located in the Yasan-gun, Yanam-gun, Yanam-gun, Yanam-gun.

In such cases, a person in charge of general affairs concerning the work instruction and safety management at the above work site has a duty of care to safely perform the work, such as setting up a shelter route and a place of shelter in advance, if he/she performs the above-mentioned work.

Nevertheless, the defendant neglected this and did not set the shelter route and place at the above work site, and did not cause the victim to avoid the trees used in the logging work and used it on the ground floor in line with this part.

As such, the Defendant caused the death of the victim due to the above occupational negligence on April 10, 2012, at the F Hospital located in Namwon-si around 20:55, the Defendant caused the death of the victim due to the pelvise and brain training paralysis. At the same time, the Defendant failed to take necessary measures to prevent the risk of the victim, who is an employee, and caused the death of the victim.

2. Defendant B, a representative of the Defendant, committed the above violation in relation to the Defendant’s business at the above date, time, and place.

Summary of Evidence

1. Defendant A’s legal statement

1. Each police statement to G, H, I, and J;

1. A death certificate;

1. Application of Acts and subordinate statutes to entire registered matters;

1. The defendant A of the pertinent legal provision concerning the facts constituting the crime;