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(영문) 대전지방법원 2018.11.09 2018고단1205
업무상과실치사
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On October 18, 2017, the Defendant: (a) entered into a contract with the business owner C of the Dong-gu Daejeon-gu Daejeon Metropolitan City Bel; (b) entered into a contract to carry out the coloring construction of the outer wall of the said her joint wall; and (c) requested the victim D (68 tax) to do coloring operation in the way of a string.

On October 24, 2017, the Defendant, along with the victim around 09:10 on the rooftop, was conducting coloring operations by fixing the lines on the rooftop and getting the lines above the ground and holding them on the log.

When using fixed water using steel structures in the above-mentioned work, the defendant has a duty of care to prevent accidents that may occur from the fixed water in advance by preventing the fixing of the monthly vision at a place where corrosion occurs through thorough inspection or the handling of the connected part is poor.

Nevertheless, the Defendant neglected this and caused the victim to set a rope on the steel pole of the pent roof that was not fixed on the above pent roof, and caused by the victim’s weight, such as the weight of the body and work tools, etc., the columns of the pent steel that fixed a rope are separated from the floor and connected to the roof of the roof are separated from the floor, and the part connected to the pent roof is separated from the roof, and the damaged person who was seated on the work unit attached to the above pentp fells into the concrete floor.

Ultimately, the Defendant caused the death of the victim by occupational negligence as above, from the F Hospital located in Jung-gu Daejeon Daejeon on November 6, 2017, the Defendant caused the death of the victim due to acute trauma.

2. Determination

A. The facts charged of the instant case merely state that “the Defendant requested the victim to do coloring operations by the method of non-monthing,” and it is unclear whether the Defendant and the victim are in any relationship (employee relationship, contract relationship, etc.).

However, in order to be recognized as the facts charged of this case, at least the defendant does the coloring construction of the outer wall of the telecom (hereinafter “instant construction”).

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