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(영문) 전주지방법원 군산지원 2018.01.17 2017고단1118
업무상과실치사등
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of five million won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation engaged in ship construction and repair work in Seocheon-gun C, Chungcheongnam-do, Chungcheongnam-do, and engaged in snow removal work in the Gu E (State) F factory Dong located in Gyeongsung-gun, Chungcheongnam-do, and Defendant A is a representative director of Defendant B, who is a person in charge of safety and health management for employees under his control at the time of the above removal work.

1. At around 11:40 on March 27, 2017, Defendant A: (a) carried out the removal of a victim G (the remaining 66 years of age) in the instant F factory Dong on the ground, and carried out the cutting of the drum drum, which is the passage-based floor at a height of about 16 meters from the 16m from the ground, by using a mountain drum cutting machine, which is installed between the drum and the main road; (b) thus, Defendant A had a duty of care to take necessary measures to prevent the danger of workers due to fall, such as cutting off the drum by means of assembly, etc., when it is difficult to install a work drum, or having employees wear the safety drum.

Nevertheless, the Defendant neglected this and caused the victim to do cutting work without having the safety net or to wear safety belts, etc. on the part of the victim, and caused the victim to fall from about 16 meters high from the floor surface to the floor, and caused the victim to die with the real shock at around that time.

2. Defendant B, a representative of the Defendant, committed an offense against the Defendant’s business, as described in paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. Each police statement made to H, I, J, and K;

1. On-site identification reports, photographs, serious disaster investigations and reports, reports on serious accidents (manufacturing business), and reports on "safety measures" in the old E concerning the full-scale work suspension order in the Gu E, the scke beam work plan, the scke beam work plan, the steel structure decommissioning work plan, the construction plan for the removal of the sckes, and a letter of inspection of serious disasters;

1. The application of Acts and subordinate statutes to dead bodies;

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