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(영문) 광주지방법원 2015.11.24 2014노3112
업무상과실치상
Text

The prosecutor's appeal is dismissed.

Reasons

1. The checkup of the summary of the grounds for appeal shall be conducted from time to time by the owner company and the driver of the workshop, and Defendant A and B neglected to do so and due to the fixed or onto the string of a steel-frame of five-dimensional structure (hereinafter referred to as “snice block”) with a string block falling short of strings, resulting in the victim L who had been engaged in work under the ground of appeal due to the loss of the number of units in the book requiring eight-day medical treatment. Thus, Defendant B, and Defendant C, and Defendant C, were recognized to have violated the Occupational Safety and Health Act.

Nevertheless, the judgment of the court below which acquitted the Defendants is erroneous in misconception of facts or misapprehension of legal principles.

2. Determination

A. Defendant A’s representative director, Defendant B’s employee, Defendant C’s employee, and Defendant C’s employee are corporations established for the purpose of leasing other workshops.

1) around 07:00 on November 8, 2013, Defendant A and Defendant B had been in charge of operating and operating other workshops at approximately 20 meters from the ground level of the K New Construction Site located in Gwangju Northern-gu. In such a case, the Defendants had a duty of care to ensure that safety accidents, such as fall of objects caused by other workshops, etc., occur due to the thorough inspection, maintenance, etc., and the occasional verification as to whether parts, structures, etc., such as radiation of the other company, have been firmly fixed. However, even though the Defendants had a duty of care to ensure that safety accidents, such as the fall of objects caused by the other company’s work, etc., due to negligence in the course of duty, committed in collusion with the other company’s negligence, thereby causing the victim to take full charge of the number of units of units of units of units, etc., which require the victim’s loss at the bottom of the other company.

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