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(영문) 서울북부지방법원 2018.01.11 2017고단4188
업무상과실치상
Text

The punishment of defendants shall be four months without prison labor.

The execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of C, and D(60) is a daily worker.

On June 8, 2017, around 13:13, the Defendant managed and supervised the melting work connecting steel pipes to containers used as the warehouse of the C Company E in Bupyeong-si, Seocheon-si.

On the spot container, there was a concern that an explosion or fire could occur if a melting flame is moved to the 5kg of an incombustible substance contained in a paper box (BENYOYPPE) on the on-site container.

In this situation, the fire extinguishing is one of the gases gases called fire extinguishing and arc, and the fire extinguishing is the brightness.

No fire, etc. that may occur or come into high temperature shall be used.

Therefore, the defendant has a duty of care to prevent explosion or fire in advance, such as the employment of a person who has been placed in another place and has a melting qualification before the contact work.

However, even though the defendant said that he was working with nearby inflammable substances, he did not instruct or confirm that he did not do so, and he left the site by ordering D without being allowed to do melting work.

D They were sponsed on the dialogenbening date, which is left alone while having been melted above a container, and as a result, a sponsed the sphere into the luminous plane of the shape of plastic material in the ceiling and moved the d face, sphere, etc. when the sphere was removed from the sphere.

D has suffered 20% of chlosoft image, scarcity 2 and 3 degrees image, the treatment period of which cannot be known.

The Defendant caused the injury to the victim D by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. On-site photographs, photographs at the scene of damage, images recorded at the scene stimule (CCTV), photographs of contact points for use, and photographs of the date on which a obsation is held at the time of dispatch;

1. The Acts and subordinate statutes of a medical certificate.

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