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(영문) 서울중앙지방법원 2015.03.26 2014고정5703
업무상과실치상
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The actual operator of C is a person responsible for the direction and safety of the first floor and the second floor removal construction site in Gangnam-gu Seoul Metropolitan Government, and the victim E (34 years of age) is a worker employed for the removal work of the defendant.

Since the stairs connecting the first floor and the second floor are open at the site of the removal of the above D building, and the workers in the process of removal might fall into the stairs. In such a case, the defendant has a duty of care in advance to prevent accidents, such as installing safety facilities to prevent the fall risk in the vicinity of the stairs in preparation for the falling risk of workers in the construction site, and installing signs to inform the danger, etc.

Nevertheless, the Defendant neglected this and did not install safety facilities or dangerous signs to prevent the fall from the second floor to the stairs. On June 12, 2014, around 15:00 on June 12, 2014 on the same day, the victim, who was engaged in removing the second floor blodth, fells into a vava, and caused the victim to suffer losses that require approximately eight weeks of treatment.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement of E and F;

1. G certification;

1. A complaint;

1. A medical certificate;

1. Application of statutes on field photographs;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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