업무상과실치사
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is the owner of the D factory building in Gyeonggi-do, Namyang-si, who is responsible for the safe maintenance and management of elevator facilities installed in the above building.
The Defendant had been already not operated automatically since two years ago, and the entrance door of the elevator was not closed, and it was well known that there was approximately 30 cm space between the elevator floor and the outer wall, and thus, even if the above elevator was not manufactured and installed for the movement of people, it was sufficiently anticipated that people would have access to the elevator in the process of cargo loading and cargo, and thus, there was a duty of care to prevent accidents in advance by taking measures such as immediately suspending the operation of the above elevator and requesting repair to a specialized institution after other people had been prevented.
Nevertheless, at around 17:40 on October 23, 2014, the Defendant neglected to stop the operation of the above elevator, left alone without requesting repair, and caused the victim E (66 years of age) working at the above plant to fall into the first floor of the elevator by putting about about 40 km rice 2 jums in the elevator with a hand-on room at the F’s request residing on the third floor of the above building, putting the hand-on room into an elevator, operating the elevator up to 3 floors from the first floor and then moving the above hand-on room at the third floor of the building, in order to remove the elevator from the outside, the victim was on board the elevator and falling into the first floor without about 30 cm away from the space between the elevator and the outer wall.
Accordingly, the Defendant caused the death of the victim from the above occupational negligence due to the severe brain damage in the workplace.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning G and F;
1. On-site reports on results of field identification;
1. Protocol of inspection;