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(영문) 창원지방법원 2015.01.20 2014고단2782
업무상과실치사등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant is a business owner who engages in manufacturing business under the trade name of “C” in Kimhae-si, and is responsible for the safety and health management of on-site workers.

On April 5, 2014, the Defendant, at the above workplace around 15:30, had a duty of care to take necessary measures, such as preparing a work plan in order to prevent risks to workers due to bad work methods when handling heavy objects, and allowing them to perform work after being equipped with safety devices, such as safety caps, etc.

Nevertheless, the Defendant neglected to prepare a decommissioning work plan that includes work process, without taking measures to prevent danger when handling heavy objects, such as wearing a safety cap, and caused the victim to die with an external cerebral blood in the same place, by allowing the victim to dismantle the steel structure with a weight of about 2 tons without taking measures to prevent danger. In addition, the two parts of the steel structure upper part of the steel structure with a weight of about 2 tons to collapse from the victim’s fixed side, and the victim covered the victim immediately.

Accordingly, the Defendant did not take necessary measures to prevent risks caused by bad working methods, etc. in handling heavy objects, thereby causing the death of the victim who is an employee.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. The application of Acts and subordinate statutes to a written autopsy report, major autopsy reports, a report on the results of field identification, field photographs, a written opinion of disaster investigation, and a written name of life for disaster investigation;

1. Relevant Articles 66-2, 23 (2) of the Occupational Safety and Health Act (the occupation of the death of a worker due to lack of safety measures) and Article 268 of the Criminal Act concerning criminal facts;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of the penalty;

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