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(영문) 서울남부지방법원 2019.01.31 2018고단3875
업무상과실치사등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is the representative of building B and D companies located in heading C, and is responsible for the safety and health of the “G” page construction site (hereinafter “construction site”) located in Yangcheon-gu Seoul Metropolitan Government F, which was subcontracted by E.

On November 23, 2017, the Defendant instructed the victim H (the age of 67) who is an employee of the paint work to engage in the installation at the above construction site on November 23, 2017, on the surface of the wall and on the surface of the ceiling 1.5 meters high from the floor, the Defendant instructed the victim H (the age of 67) to be engaged in the installation at the above site.

In such a case, since the above worker was at the risk of falling down in the mobile vision, the business owner has a duty of care and safety measures to prevent accidents in advance by taking necessary measures to prevent the fall risk of workers by paying safety caps to the worker and installing safety intervals in the mobile vision.

Nevertheless, the Defendant neglected this and caused the victim to fall down with the floor below 1.5 meters from the above mobile saves, which caused the victim to work without installing the safety saves in the above mobile saves.

Ultimately, around December 8, 2018: (a) around 08:12 on December 8, 2018, the Defendant: (b) caused the death of the said victim due to vertebrate beer, cerebral male, etc. at the G Hospital located in Yangcheon-gu Seoul Metropolitan Government; and (c) did not take necessary measures to prevent danger as an employer, thereby causing the death of the said

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement about K, L, or M;

1. Application of Acts and subordinate statutes to a death certificate or serious accident investigation report;

1. A violation of the duty to take safety measures under Article 268 of the Criminal Act, Article 66-2 and Article 23 (3) of the Occupational Safety and Health Act against a crime;

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