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(영문) 제주지방법원 2016.12.01 2016고단904
업무상과실치상등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant injured by occupational negligence is a person who has employed a daily worker at the site of a new construction work for the third floor house in Kimhae-si, Kimhae-si and actually carried out the construction work.

Around 10:00 on August 3, 2015, the Defendant directed the victim D (year 57) who is a daily worker employed by the Defendant to clean up the door door of the third floor of the building through a bridge.

At the time of construction, there was no passage from the third floor to the third floor, and there was no way between the opening part of the floor of the third floor and the sloping bank. The opening part of the sloping bank was a place where workers might fall at a height of about 2.5 meters from the floor of the third floor.

In such cases, the defendant had a duty of care to take measures to prevent the slopings from getting off or getting out of a bridge for the management and supervision of workers in the above work site, and to ensure that workers wear safety caps by paying them.

Nevertheless, while the Defendant did not take any measures to prevent the collapse of a bridge, the Defendant did not pay the safety appearance to the above victim.

On August 3, 2015, at around 10:30 on August 3, 2015, the victim, who did not wear a safety cap, was cleaning in the third multi-story bank, and was lowered to the third floor through the above multi-story, and the victim's head conflicts with the third floor while the victim's head does not go beyond the upper floor.

Ultimately, the Defendant caused the above victim to suffer injury, such as an injury to a closed frame, which requires approximately eight weeks of medical treatment, due to the above occupational negligence.

2. Around 11:00 on May 3, 201, the Defendant was driving a G benz car without obtaining a driver’s license on the portion of approximately 10 meters near F in Jeju Island.

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