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(영문) 대구지방법원 2016.04.29 2016고단835
업무상과실치사
Text

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

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

B is the F Vice-head, the contractor of the E-construction in Daegu Suwon-gu, and the person in charge of safety management of the above construction site, and the defendant A is the excavation engineer who works at the above construction site.

Defendant

At around 11:30 on August 17, 2015, A, along with the victim G ( South, 60 years of age), installed retaining walls from the prefabricated concrete panel (weight 1.1 ton 1.4 tons, width 1.5 meters, length 1.5 meters, thickness 20cm) at the construction site E, and connected the victim to the excavated hole by breaking a fruit frighting to both upper end of the concrete panel, and the defendant A used the excavation equipment to move the above concrete panel to the retaining wall and set up a panel at a proportion of 1.5 meters.

As above, when dealing with heavy objects exceeding one ton, safety managers and workers have joint duties of care to prevent accidents caused by the fall of heavy objects by using a high find, to place signal numbers at a construction site, to closely examine whether persons are under the movement route of the retaining wall at the construction site, and to move heavy objects according to the signal signals.

However, the Defendants neglected this and did not neglect the safety rules, but did not assign signal numbers to the above workplace, and by negligence moving a concrete panel to a string and moving a concrete panel to a string, the Defendants covered the telegraph of the victim under the supervision of the concrete panel because one string connected to the concrete panel falls below the top.

As a result, the Defendants jointly caused the death of the victim due to the multiple long-term corrosion in the workplace by occupational negligence.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement made to I by the police;

1. Handling of death certificates, on-site photographs, and reports on the occurrence of death accidents within the construction site, and heavy objects;

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