logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.11.26 2015고단6247
업무상과실치사등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around May 4, 2015, the Defendant is a person who was supplied with and received from the council of occupants' representatives (representative C) of the above apartment in order to construct internal and external walls and painting of the Nam-gu Incheon Metropolitan City B apartment, and is responsible for the safety and health management of workers employed at the above construction

When a business owner establishes a monthly vision, he/she has a duty of care to take measures necessary for the prevention of fall hazards, such as the installation of a safety belt and a life rope in the monthly vision, and in cases of a structure for which a safety signal may be installed, a safety signal shall be installed, and in cases of workers engaged in work at a place with a risk of falling at least two meters in height, he/she shall wear protective outfits, such as a safety cap and a safety belt, and have them wear protective outfits.

Nevertheless, around May 13, 2015, the Defendant: (a) around May 13, 2015, installed safety belts and life jackets at the site of the apartment painting construction; (b) provided protective outfits, such as safety belts and safety belts, to wear protective outfits, etc.; and (c) did not take proper measures to prevent any danger to workers due to the fall; and (d) caused the victim D (64 years of age) who had engaged in painting work on the top of the fifth floor of the height of 15 meters.

Ultimately, at around 11:17 on May 13, 2015, the Defendant caused the death of an employee, by neglecting the duty to take the above safety measures at the same time, due to an occupational negligence, the Defendant caused the death of a worker D.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E, F, C, and G;

1. Delivery of an investigation report on serious accidents;

1. A report on investigation;

1. Application of the photographic Acts and subordinate statutes;

1. Article 268 of the Criminal Act, Articles 66-2 and 23 (3) of the Occupational Safety and Health Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

arrow