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(영문) 춘천지방법원 2018.07.03 2017고단1203
업무상과실치상
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the head of the field station affiliated with D, which works at the site of the Gangnam-gu Seoul Metropolitan Government “Risk Improvement Construction Work,” and is a person in charge of overall supervision over the direction and safety management of the construction site.

On April 13, 2017, the Defendant, at the construction site above 0:00, had the victim E (60) work to load and unload 25 tons of the steel bars the victim loaded into the construction site to the construction site.

In such cases, the defendant, who is the general manager of the construction site, has a duty of care to prevent accidents in advance at the construction site by using construction equipment suitable for loading and unloading work, preparing a plan for handling heavy objects, etc. in advance.

Nevertheless, the Defendant, while having the victim perform the aforementioned loading and unloading work, had the victim go fishing to the clicker who is not a construction equipment used for loading and unloading work, and had the victim do the loading and unloading work without putting up safety measures against heavy objects falling short of weight while handling heavy objects, and caused the victim to fall off from the victim's damages by leaving the click while leaving the click to the clicker, and caused the victim to suffer about 6 weeks off the right side side, the click up to the right side, and the click up to the click up to the click.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E, F and G;

1. Statement made by the police with respect to E and H;

1. A written diagnosis of injury;

1. The scene of the case and photographs of injury;

1. The defendant asserts that the defendant has no duty of care as stated in its reasoning, since the copy of the accident report and the witness's statement [the defendant and his defense counsel] were conducted under the full responsibility of the victim who has transported the reinforcing, and thus the defendant has no duty of care as stated in its reasoning.

According to evidence, it is the field safety manager of the construction site as the site manager of the judgment.

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