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(영문) 대구지방법원 포항지원 2015.08.26 2015고단382
업무상과실치사등
Text

A defendant shall be punished by imprisonment for not less than eight 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 is the actual business owner of the “E” located in Nam-gu, Nam-gu, and is a person who, at the port of port, exercises overall control over and manages the overall safety and health of workers at the site of the work for removing soundproofing agents of the “Gsung Party” located in Nam-gu, Nam-gu.

On February 4, 2015, the Defendant instructed nine workers, including the victim H (V, 44 years of age), including the victim H, to conduct cleaning of the internal space of the ceiling (7m high) within the above sex of the company (7m high).

In such a case, the employer had a duty of care to take measures necessary to prevent the falling risk, such as paying safety caps to workers and wearing them, and installing a safety net, etc.

Nevertheless, at around 13:43 on February 4, 2015, the Defendant neglected this and caused the victim, who is an employee of the Defendant, to perform the work of cleaning the indoor space in the ceiling of the relevant USSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS

Accordingly, the Defendant did not take necessary measures to prevent the risk at a place where the victim, who is an employee, might fall, and caused the victim's death by negligence in the above business.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and J;

1. A report on internal investigation (verification at the scene of an accident) and a report on the results of field identification;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Article 66-2 and Article 23 (3) of the Occupational Safety and Health Act, Article 268 of the Criminal Act concerning criminal facts;

1.Article 40 of the Criminal Code of Trade and Trade.

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