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(영문) 의정부지방법원 2017.01.11 2016고단1761
업무상과실치상
Text

The defendant is not guilty. The summary of this judgment shall be announced publicly.

Reasons

1. The summary of the facts charged is that the Defendant engaged in construction business under the trade name of “D” in Namyang-si, and that around July 14, 2015, the Defendant subcontracted the removal of the greenhouse warehouse in the construction of the E On-site, and employed a daily employee and performed the construction work. As such, safety measures necessary to prevent accidents during the construction work should be taken. In particular, when ordering the work at a place at a risk of falling, there was a duty of care to take measures to prevent the fall risk, such as the installation of a safety net.

Nevertheless, the Defendant: (a) neglected to perform the duty of care, such as ordering the victim FF to dismantle the roof of a greenhouse with a height of 6 to 7 meters without any safety device; (b) neglected to do so; (c) on the same day, the Defendant felled in the course of the work and caused the victim to inflict injury on the victim, such as an exposure, which requires around 16:00 medical treatment for about 8 weeks.

2. Determination

A. The main point of the argument is that the part of the defendant's work, which was the victim, is dismantled by releasing the company's knit clothes, which correspond to the roof height of the greenhouse roof using the accusation work unit (one name "rist") provided by the defendant, and the above accusation work unit was installed to prevent fall. The victim did not remove the company's knit clothes at the time of the accident, and did not remove the company's knit clothes that were not dismantled by failing to properly remove the company's house at the time of the accident, in violation of the safety rules and work instructions to remove the company's knit clothes, and did not directly cut the company's knit around the roof, and the defendant did not have caused the accident in this case by violating the duty of care, such as the charge.

B. The following circumstances acknowledged by the record of judgment, i.e., the victim’s statement under this legal statement, the removal of the roof of the previously subcontracted greenhouse, carried out within the complaint work unit provided by the Defendant, and the victim.

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