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(영문) 부산지방법원 동부지원 2015.09.10 2015고단430
업무상과실치사등
Text

Defendant

A Imprisonment for six months, Defendant C, B, and D are punished by a fine of 5,00,000,000 won, and Defendant E.

Reasons

Punishment of the crime

1. The Defendant, as the team leader of the Company B, was a person responsible for the overall management and supervision of the safety and health of employees belonging to the elevator installation work site among the newly constructed K-type K-type in Busan, Daegu J, for the Company B, who is the business owner.

Where a business owner installs, assembles, repairs, checks, or dismantles elevators at the workplace, he/she shall appoint a person to command work and carry out work under the direction of the person concerned, prohibit persons other than the relevant workers from entering the workplace and indicate the purport thereof at a place readily visible.

Nevertheless, on October 5, 2014, the Defendant: (a) at the above site, the Defendant: (b) at around 28:26 of the same month, at around 16:25, opened an entrance to use the elevator by the victim L (the age of 67) who was engaged in waterproof operations at the above site, and fell down at around 16:25, in order to use the elevator at around 16:25 on the same day, the Defendant caused the death of the container due to multiple hazards at the shipping substitute hospital located in Busan, Daegu, Busan, Daegu, foreseeing the purport of the prohibition of access by persons other than the relevant workers, and did not indicate the purport of the prohibition.

Ultimately, the Defendant, as a field director, failed to take measures necessary to prevent risks to the business affairs of the Co., Ltd., as seen above, and at the same time, caused the death of the victim by violating the duty of care as above.

2. Defendant B, a juristic person established on January 26, 199 for the purpose of elevator installation business, is a business owner who subcontracted the installation work of an elevator jointly with N Co., Ltd. with N Co., Ltd. and performed installation work at the site of new airport construction works located in the Busan Shipping Daegu J Co., Ltd.

The defendant is an employee of the defendant in connection with his duties.

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