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(영문) 광주지방법원 2019.03.07 2018고단5379
업무상과실치사등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The defendant, as the representative of C in Gwangju-gu, is a person responsible for safety management of the employees under his/her jurisdiction at the site of "E (E)" logistics warehouse removal work in Gwangju North-gu.

From August 23, 2018, the Defendant issued from around 08:30, to the victim F (year 57) of an officially recognized victim for oxygen use in the above logistics warehouse, and to the East F (year 57) and the East G, the Defendant instructed the worker to conduct an upper-marketing operation with an oxygen folding machine at a height of about four meters, and the business owner shall install a work board by assembling the vision, etc. in cases where the worker might be at the risk of fall or falling, and shall take necessary measures to prevent the fall risk, such as requiring the worker to wear a safety belt, if it is difficult to install a fall protection net.

Nevertheless, the Defendant neglected this and caused the victim to take measures to prevent the fall, such as not installing a work launch and a crash, and not having the victim wear a safety belt, without taking measures to prevent the fall, and caused the victim to suffer from the fault of having the shocked steel in the height of 4 meters with a crashed danger, and caused the victim to fall down with the floor below 4 meters without being plucked up, and falling down with the center at around 11:15 on the same day.

Ultimately, the Defendant’s negligence in the above occupational negligence, and at the same time did not take necessary measures to prevent the danger at a place where workers might fall down at work, thereby resulting in injury to the victim, such as external shocking, and immediately transferred to the I Hospital located in Gwangju-dong H, Gwangju-gu, but caused death by brain death around 08:30 on August 31, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. J. .

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