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(영문) 수원지방법원 평택지원 2015.10.08 2015고단905
업무상과실치사등
Text

Defendant

A shall be punished by imprisonment for 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

Defendant

A is a business owner who runs a construction business under the trade name of L industry from January 1, 2013 to Gyeonggi in Gyeonggi-si, and is responsible for the safety and health of his/her employees.

In order to prevent the danger of electric shock caused by leakage, the business owner shall install electric machinery and appliances connected to codes and plugs at portable or portable electric appliances, apparatus or water, or at a place with high voltages, and shall take measures necessary for the prevention of accidents for the use of electric shocks for the reduction of workers during work with low voltages used at low voltages at water or in a damp place with high voltages, and equipment and appliances used for high voltages at low voltages with high voltages, which are suitable for the rated level of the relevant electric power, good, and reliable operation, in order to prevent the danger of electric shock by leakage.

Nevertheless, at around 14:20 on August 21, 2014, Defendant A, at the place of business of the L industry located in K, did not contact with the outer part of the victim M(24 years of age) and did not install a short circuit circuit breaker on the power withdrawal channel, and Defendant A, at the same place of business, had the above victim, who had been engaged in the business of cutting the screen receiver by using the hand cameraer in the above place of business, and caused death.

Accordingly, the Defendant did not take necessary measures to prevent risks, thereby causing the death of workers, and at the same time causing the death of victims due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the N in the police station;

1. Requests for appraisal of the cause of death;

1. Application of statutes governing disaster investigation reports;

1. Article 66-2 and Article 23 (1) of the Occupational Safety and Health Act concerning criminal facts;

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