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(영문) 부산지방법원 2017.06.09 2016고단7883
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for six months.

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

Reasons

Punishment of the crime

The Defendant is a site manager of E Co., Ltd. (hereinafter “E”) performing construction works for altering the purpose of use and substantial repair of hospital (hereinafter “D hospital use and large-scale repair”) in the building in Busan Dong-gu C, Busan, and is a person responsible for safety management of workers working in the above field under the control of F Co., Ltd. (hereinafter “F”) who was subcontracted the part of machinery and equipment construction works from the said company.

On March 4, 2016, around 16:50, the Defendant, along with the passage through which pipes from the first to the tenth floor of the instant construction site, was passing through, and the Defendant was engaged in the course of drilling the pipes at a width of 60 cm and length of 85 cm. Thus, there was a risk of falling near the mouths near the mouth.

In such cases, the defendant must provide workers with safety caps and safety belts to wear them, and he/she has a duty of care to prevent accidents by installing a work tag or a fall prevention net in the above opening part of the opening, but in cases where it is impracticable to install it, he/she had a duty of care to prevent accidents by installing equipment, etc. to walk on the safety belt worn by workers.

Nevertheless, without taking such measures as above, the Defendant: (a) caused the victim G (60) affiliated with F (60) to carry out the pipe-folding work in the said opening section; (b) caused the damage to the Sigyeong by the victim of the Sig G (60) by falling about 10 meters from the first underground floor through the said opening section to the first underground floor through the said opening section; and (c) caused the injury to the two mouths, etc. (hereinafter “the instant accident”). The Defendant suffered the injury to the victim due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made with respect to H, I, and G;

1. Application of Acts and subordinate statutes to investigation reports (one thousand and one2 times a year), reports on the results of field inspection, photographs, diagnosis certificates, business registration certificates, and contract contracts;

1. Relevant Article 268 of the Criminal Act concerning the facts constituting an offense, and Article 268 of the Criminal Act selecting a penalty, and imprisonment without prison labor;

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