logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2017.10.31 2017고단514
업무상과실치사등
Text

Defendant

A shall be punished by imprisonment with prison labor for four months, by a fine of two thousand won,00,000 won.

However, Defendant A.

Reasons

Punishment of the crime

1. Defendant A is the representative of the Co., Ltd., Ltd., which is located in C, and is responsible for the safety and health management who exercises overall control over and manages tasks concerning the direction and safety, and health of its employees.

On April 15, 2017, the Defendant directed the victim F(63) of the victim who was working at the “E Office Extension Work” site located in E Office D at Seosan-si, Seosan-si. The Defendant directed the victim F(63) to proceed with the dismantling work.

The above work is carried out at a height of approximately 3 meters above ground, and there is a high risk that an employee might fall, and there is a high risk of danger due to bad working methods, etc. In such a case, the Defendant, who is engaged in safety management, has a duty of care to prevent safety accidents in advance by installing a work board or a safety protection net by means of assembling the vision, etc., and by paying safety belts to the employee.

Nevertheless, the defendant did not install a work plate or a safety room and did not pay the safety belt to the victim by negligence in the course of duty, which caused the death of the victim, who followed a rail gate installed on the outer wall of the building for the above-day operations, and then fell into the floor, which caused the death of the victim.

2. The above Gap, the representative of the defendant B's defendant, committed the act of violation as described in paragraph 1 in relation to the defendant's business.

Summary of Evidence

1. A legal statement of the defendant himself and the defendant B representative director A

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

1. A report on the inspection table of construction safety and health supervision, and a report on the results of supervision;

1. A contract for construction works;

1. Copy of business registration certificate;

1. A death certificate;

1. Application of Acts and subordinate statutes on site photographs (No. 29 through 37 pages of evidence);

1. Defendant A of the pertinent Article of the Act on Criminal Facts: Article 268 of the Criminal Act (the occupation of death or injury caused by occupational negligence), Articles 66-2 and 23(3) of the Industrial Safety and Health Act (the occupation of death or injury caused by breach of duty of safety measures).

arrow