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(영문) 의정부지방법원 2017.04.24 2017고단274

업무상과실치사등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person in charge of safety management and health management for his/her employees, who performed removal works under a contract with D, “factory building removal works” located in the Gyeonggi-do, Nam-si.

The business owner shall, in cases where he/she has an employee wear a safety cap in his/her work at a place at a height of not less than 2 meters, which is likely to fall, and where the business owner has an employee engage in work at a place at the risk of falling, he/she shall install equipment, etc. to safely walk up inside and sublease, and where he/she has an employee engage in work on the roof cover with weak materials, such as asbestos slate, lines, etc. on the roof, he/she shall take measures to prevent any danger, such as installation of a light not less than 30cm in width, etc., or an installation of a light not less than 10cm in width, etc.

Nevertheless, at around 16:30 on October 4, 2016, the Defendant, without having the victim E (53) pay safety caps and wear the roof dismantling work on the roof of a building at a height of 3 meters at the site of the work of removing a factory in the southyang-si, Namyang-si, Seoul, the Defendant fell on the ground along with the panel by leaving a panel where the victim was frightened in order to remove the roof of the panel.

Ultimately, the Defendant did not take measures to prevent industrial accidents as above, and, at the same time, caused the victims of occupational negligence to die at the Hanyang University Hospital located in 153, Gandong-si, Gandong-si, Gandong-si, 153, on October 4, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each police statement with respect to F and G;

1. A death diagnosis;