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(영문) 광주지방법원 2020.10.08 2020고단2739
업무상과실치사등
Text

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

except that 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

From August 1, 2019, the Defendant is a business owner who, from around August 1, 2019, employed workers C and victims D (the age of 51) in the Gowon-gun, Gowon-gun, North Korea and performed the repair work of the stable roof, is a person in charge of safety and health management at

The construction site of this case is a stable roof with a height of about 5.3 meters, where workers might fall, and the stable roof is likely to fall, and there was a risk that workers might fall due to the strength using a weak line.

In such cases, the defendant, as the business owner, has a duty of care to prevent accidents by providing safety caps and safety belts to workers, installing equipment, etc. to use safety belts safely, and by taking safety measures such as installing a light board with a width of at least 30cc or falling a fall protective net, etc.

Nevertheless, at around 06:00 on August 1, 2019, the Defendant did not install a safety strings and safety strings to use the safety strings, or a light strings or a light strings to use the safety strings.

As a result, the victim collapsed the part of the livestock shed roof which was DNA at around 06:15 on the same day, which fell below 5.3m on the ground, and died at the E Hospital located in the Dong-gu Gwangju-gu on August 2, 2019 by a low blood transfusion shock around 00:56.

As above, the Defendant caused the death of the victim by occupational negligence, which did not fulfill the duty of safety measures as a business owner.

Summary of Evidence

1. Application of each police's written statement of statement C to the defendant's legal statement, each police's written diagnosis of death, the autopsy and appraisal report to the scene of the accident, the disaster investigation and opinion, and

1. Obligations to take safety measures under Article 268 of the Criminal Act applicable to criminal facts, Articles 66-2 and 23(3) of the former Occupational Safety and Health Act (Amended by Act No. 16272, Jan. 15, 2019).

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