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(영문) 청주지방법원 2019.06.04 2018고단2150
업무상과실치사
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The facts charged [basic facts] On March 16, 2017, the Defendant entered into a contract for removal works with D (C) operator at the office of the (D) office located in Jincheon-gun, Jincheon-gun, Chungcheongnam-do. The content of the contract was received KRW 3,00,000, and received KRW 3,000 and received container 3, tank, scrap iron, waste removal and disposal, and the owner of the removal work was (ju)C, and the removal business operator was E (representativeF).

The Defendant: (a) entrusted the name of the business operator to F by requesting that the name of the business operator was required for the purpose of issuing the tax invoice; and (b) entered into the contract in the name of E; and (c) the actual

After entering into a contract for removal works as above, on March 17, 2017, the Defendant agreed to purchase boiler parts in the said removal works from D to KRW 800,000. Subject to the said agreement, the Defendant removed the boiler structure of the boiler site where a boiler part was attached, and subsequently removed the said boiler room work on March 18, 2017, around 09:00, the Defendant, the scrap metal business operator G, the victim H (56), and two service providers.

【Criminal Facts】

On March 18, 2017, at around 09:00, the Defendant had the victim perform the removal work of boiler rooms in the boiler structure room in the (ju) C plant located in Jincheon-gun B of Chungcheongbuk-gun.

As the Defendant was in the situation of removing the boiler room according to the above contract concluded, the Defendant, who was engaged in the removal work, shall conduct the work in accordance with the contract after pre-inspection by checking the status of the board before the work, the collapse risk, the order of work, etc., and prepare a safe work plan, and if there is a risk that the object may fall due to the work, the Defendant shall have the workers wear protective outfits, and take necessary measures to prevent danger, such as installing a work plate to safely work.

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