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(영문) 광주지방법원 순천지원 2014.04.16 2013고단2497
업무상과실치사
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is responsible for the overall supervision and safety control of the above factory as the head of a factory and a person in charge of safety control in the luminous factory of D Co., Ltd., which is a producer and producer of Mayang-si.

In conducting work, such as handling heavy objects, a business owner shall prepare a work plan which includes safety measures to prevent the danger of fall, fall, electric shock, narrowness, collapse, and collapse in order to prevent workers' danger, and have the relevant workers perform work in accordance with such plan, and shall notify the relevant workers of the details of the work plan and have the relevant workers instruct the work in accordance with the work plan, and shall have the relevant workers instruct the work in accordance with the work plan, and have the duty of care to prevent accidents that may occur

Nevertheless, at around 18:35 on October 16, 2013, the Defendant neglected this and neglected to prepare a work plan containing safety measures to prevent rapid arrival risk, etc. in advance, and neglected to allow the injured party F (28 years of age) who was dispatched from E in the mining industry of the above company to use the cable control device connected to E in cable, thereby causing the injured party F (28 years of age) to die in the emergency room of the above factory, and to move work, which is a weight of about 21 ton, in advance, at the above factory ceiling. The Defendant left the injured party to do so without designating the work commander, and caused the injured party to die from the H hospital emergency room in the light-si G in around 19:27 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to I, J, and K;

1. Report on the occurrence of a disaster, and suggestion for direction;

1. A service contract document and a written designation of a safety supervisor;

1. Application of Acts and subordinate statutes of a death certificate;

1. Articles 268 of the Criminal Act, Articles 71, 66-2 and 23 (2) of the Occupational Safety and Health Act concerning criminal facts;

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