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(영문) 대구지방법원 2013.12.06 2013노1450
업무상과실치사등
Text

The judgment of the court below is reversed.

Defendants are not guilty. The summary of this judgment is publicly announced.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) did not have been scheduled to work inside the Mandole on the day of the accident, and Defendant A merely instructed the victim to prepare materials for the interior work of Mandole, and there is no obligation to take necessary measures to prevent health disorder caused by the work in the sealed space.

B) Even if Defendant A did not take the above measures, the victim did not have a causal relationship between Defendant A’s breach of the duty of care and the victim’s death, and thus there is no causal relationship between Defendant A’s breach of the duty of care and the victim’s death. 2) The punishment sentenced by the lower court of unfair sentencing (Defendant A: 10 months of imprisonment, 2 years of suspended execution, community service, 200 hours, and 20 million won of fine: Defendant B’s fine) is too unreasonable.

B. The above sentence sentenced by the court below to Defendant A is too unhued and unfair.

2. Judgment on the Defendants’ assertion

A. A summary of the facts charged is the head of the site office of Defendant B, a subcontractor for MM works, who is a person in charge of safety and health management who exercises overall control over and manages affairs concerning safety and health of his/her employees, including matters concerning the establishment of an industrial accident prevention plan.

In order to prevent the health problems of workers under his/her jurisdiction, the defendant shall appoint a supervisor to monitor the status of his/her work at all times and assign him/her to the outside of the sealed space. <2> The defendant shall be equipped with the equipment necessary for evacuation or evacuation of workers in emergencies, such as air conditioning, air conditioning, air transmission conditioning, etc., legs, fiber, fiber, etc.; <3> Measurement and evaluation to check whether the condition of the air prior to the commencement of his/her work is appropriate, and safety education and training, such as emergency measures, and wearing and management of air conditioning or air conditioning, and other employees' health problems of the sealed space.

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