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Cases
2017 Highest 1506 A. Occupational failure, etc.
B. Violation of the Occupational Safety and Health Act
Defendant
1. A. (b) Lee Jae-in (540000 - 10000)
Residence
Reference domicile
2. A. Kim Chuncheon (56000 - 100000)
Residence
Reference domicile
3. A. Clerks (62000 - 1,0000)
Residence
Reference domicile
4. A. Interest (6,000 - 1,0000)
Residence
Reference domicile
5. A. B. Kim Sung-chul (590000 - 100000)
Residence
Reference domicile
6. A. Kim Sung-m. (62000 - 100000)
Residence
Reference domicile
7.(a)The highest salary (56000-10000)
Residence
Reference domicile
8. (a) Fixed-Scale (570000 - 100000)
Residence
Reference domicile
19. (a) Equitable capacity (64000 - 100000)
Residence
Reference domicile
10. b. EsPD Co., Ltd.
Location
The representative director's second offense
11. b. Seoul Qro
Seocho-gu Seoul Metropolitan Government Efficae-ro 5 (Seakdong-dong)
Representative President Kim Tae-ho
Prosecutor
Omission
Defense Counsel
Omission
Imposition of Judgment
June 8, 2018
Text
Defendant Jae-in, in one year of imprisonment, KRW 5,00,00 for each fine of KRW 5,00,00,00 for Defendant Kim Jong-young, Cho Jong-young, and Kim Jong-young;
Defendant Lee Young-chul was punished by a fine of KRW 8,00,00, KRW 00, KRW 10,000, KRW 10,000, KRW 00, and KRW 00.
Defendant 30,000, and 000 won, respectively, shall be punished by the fine for negligence of 30,000.
Defendant Kim Jong-k, Cho Young-young, Lee Jae-young, Kim Sung-sung, Kim Jong-young, Lee Jong-young, and Lee Jong-soo did not pay the above fines.
In the case of 100,000 won, each of the above defendants shall be confined to the Labor House for the period calculated by converting them into one day.
However, for two years from the date this judgment became final and conclusive, the execution of the above punishment against the defendant's second offender shall be suspended.
To order the criminal victims to provide community service for 200 hours.
Defendant Kim Jong-hwan, Cho Young-young, Lee Jae-young, Kim Sung-sung, Kim Jong-young, Lee Jong-young, Lee Sung-sung, Lee Sung-sung Co., Ltd.
shall order the provisional payment of an amount equivalent to each such fine.
The Occupational Safety and Health Act as to Defendant Kim Sung-hwan, the maximum stude, and Defendant Kim Sung-chul among the facts charged in the instant case
The charge of violation is not guilty.
The summary of the acquittal part in this judgment shall be published.
The prosecution of this case against Defendant Meart in Seoul is dismissed.
Reasons
Criminal facts
[Status of Defendants]
The defendant Lee Jae-hoon is the representative director of APSD Co., Ltd. (hereinafter referred to as "APSD").
Defendant Kim Jong-tae is the vice president of the Gu’s station of the Customer Business Headquarters Gu, and Defendant
The guardian is the chief of the Gu's station.
Defendant Lee Young-young is the Seoul Matro Technical Headquarters 1) The head of the lecture and Safety Guide Management Team at the Electronic Office, Defendant Kim
The head of the Seoul Metro Technical Headquarters electronic business, and the head of the Seoul Matro Safety Management Headquarters for the defendant's processed Republic of Korea
The head and the fixed number of defendants are the former president of Seoul Match.
【Basic Facts】
1. Espidi summary;
SPD is a company incorporated on August 31, 201, and the management and operation of urban rail transiters, which is a company incorporated on August 31, 201.
The purpose of the establishment is to supplement services, etc., and 97 of the history of Seoul Qro and Seoul subway 1 to 4.
Upon entering into a contract for the maintenance and repair of screen air installed and operated in the calendar, and the performance thereof;
corporation is the corporation.
The maintenance and repair of the victim Kim U.S. shall be maintained from October 19, 2015 to SPD scrapers belonging to EsPD from October 19, 2015.
The Board worked as the Board.
2. Outline of the Seoul metro;
Seoul Qro shall be governed by the Seoul Metropolitan Government Ordinance on the Establishment and Operation of Seoul Matro on September 1, 1981.
Local public enterprises belonging to Seoul Metropolitan Government, which are established by fully investing the whole amount, operate 1 to 4 Seoul subway lines.
transport of approximately 4.5 million passengers per day on the average while operating 121 stations and 5 vehicles bases.
corporation is the corporation under which it is.
3. An outline of screen;
The screen shall be linked with the entrance of the vehicle by installing fixed walls and operating doors on the subway platform.
any safety device that may be opened or closed, and a written train, completely stop on platform;
In addition to the entrance, the role of securing the safety of passengers, etc. is to ensure the platform safety.
(Plat Scre Door: PSSD) is also expressed.
Trackers installed in the front section of Seoul subway 2, which is currently operated by the Seoul Meart;
Scurine shall be installed on the platform of the Gu station, which is the place where the accident in this case occurred.
is being operated.
4. The terms and conditions of the service contract between Seoul metro and SPD and related processes;
Seoul Qro and NAPD for three years from December 1, 201 to November 30, 2014, from 1 December 201, 201, subway heat.
"Agreement on the Entrustment of the Maintenance and Management of Scurgical Scurgs for Scurged Scurging Fishing in Connection with the Car entrance."
EPSD by entering into “A” and entering into “A”, 97 in the service of the Seoul subway 1 to 4 lines operated by the Seoul metro.
The Cooperative has been in charge of the maintenance and repair management of screen fishing installed in the platform of the opening station, and November 30, 2014.
After the expiration of a contract, the period of the agreement shall be extended on three occasions for five months, and thereafter on June 1, 2015.
No later than June 30, 2016, KRW 150 of the required human resources and KRW 8.4 billion of the contract amount, determined by the platform safety question.
The term "a contract for the entrustment of the management of land" was concluded and the entrusted management of screen fish was performed.
(c)
Seoul metro shall be a safety accident when entering into a contract with APSD in 2011 and 2015.
Any responsibility for A shall be imposed on SPD, but shall be received at the time of receipt of a report on the disability in screen.
Cases, such as "the imposition of damages for delay, in cases of failure to take part within 24 hours of dispatch or failure to take part in time";
The terms and conditions 2) contained in Section 2.
On August 29, 2015, the occurrence of an accident on the part of the Gangnam Line 2, Seoul subway Line 3) (hereinafter referred to as "Gangnam Station accident") (hereinafter referred to as "Gangnam Station accident").
immediately after the date of the first contract with APSD in Seoul in 2011
In the course of the history design, 2 1 man-one work of the APS maintenance personnel is not possible, and 2 man-1 work is actually conducted.
It became aware that this has not been implemented.
After that, from September 2015, the Seoul Matro Safety Management Headquarters's fixed number of the defendants is "maintenance company."
A. 2 E.S. S. S.D. for carrying out the work under Article 21 of E.S. S.D.
1. 58 persons per calendar (1. 29 persons at that time) promised to APD for the increase during the calendar to the level of 58 persons (1. 29 persons).
Pursuant to EsPD, on December 4, 2015, to increase the number of 28 persons below the light on December 4, 2015, the need for the Seoul metro.
The contract to which the local government is a party on December 2015, 2015, after which the Seoul Qatro is a party.
Pursuant to Article 74 of the Enforcement Decree of the Local Contract Act (hereinafter referred to as the "Local Contract Act"), the calculation of human resources under the service contract shall be modified.
may increase the number of maintenance personnel required for the implementation of the work by two persons through a design change.
In spite of having been doing so, the period of check of the action condition by slick Slocks and Slocks shall be increased by two times from once a month to once.
increase in the number of 17 maintained staff, which is less than 28 persons after the withdrawal of human resources only by "the method of interest, etc."
In this process, the number of inspections by screeners has been carried out at least twice a month from "the first time a month".
A contract to establish a 's check team' that is exclusively in charge of licensing inspections in E.S. S.D.
As a result of the change in the content, eight of the seventeen above 17 persons increased shall be assigned to the license inspection team established.
As a result, 9 members of the maintenance staff dispatched to the scene where a disability occurred due to the de facto screen increase.
was completed in the year.
5. The actual status of one-person work performed by the maintenance and repair workers for screen fishing;
According to the “A business instruction,” which is part of a service agreement entered into with A.S. E. S.D., L:
SPD’s report on the occurrence of a malfunction from the Seoul Metro
If possible, he/she shall arrive at the site within one hour and report it to the relevant subway station service office, and a master;
The repair work shall be performed after the dispatch of key.
Detailed maintenance and repair procedures requested by the Seoul metro to Es.S.D.: (1) acceptance of the content of disability;
(2) On-site exit instructions, and (3) On-site mobilization employees shall pass the call-up, etc. through an electronic operation room in Seoul.
Bo, 4 immediately after arrival, the notice of work commencement in the service office and the electronic operation office, 5 the date of application for reverse work, and the posters.
6 Ascertainment of whether the applicant is a person with disabilities who can be solved by one work, after the preparation of the Turkey ledger; 2 persons
(7) In the case of track works, the working person may request human resources after safety measures, through the electronic management office.
8. Request for approval, 8. Electronic operational office shall be notified to the General Control Office to adjust train operation, and the workman shall obtain approval.
Afterward, it is the order to place train monitors and to notify them after completion of the work.
The maintenance personnel of the Sung Ps. S. E. E. E. E.S. business office shall consist of two teams (A team B) each, each, respectively.
Except for three to four employees on the team leave, one situation worker, two reserve forces, one subway crew member, and one to four subway lines;
One person, each of whom is placed with four total amounts, and one day by being in charge of 49 subway lines.
average approximately four times a week average, approximately twenty times a week average, and the screen repair work has been carried out;
In addition, the duty to check whether the average of six stations per day is more than a license shall also be concurrently performed.
was actual, and there were many disability reports due to the deterioration of the obstacle inspection center by screening.
5) pure maintenance personnel 1.21 per calendar calendars lack of the maintenance personnel in preparation for a report on disability.
In reality, two persons were not able to work.
Nevertheless, SPD is Gangnam-Namon on the grounds of the terms and conditions of the contract with the Seoul metro.
Three places of business, such as places of business, technical offices, etc., shall be divided into three places of business, and immediately after receiving a report on disability;
The employees of the technical office not dispatched are not assigned to each place of business, and as above, they are not assigned to each place of business.
2.2 2-1 work shall be conducted by assigning 90,000 won among 17 persons increased by January 2016.
The structure of human resources that cannot be improved has not been improved.
As a result, the EsPD maintenance personnel shall work as two persons if they work on the line side.
most of the members are called out from the electronic management office in Seoul metro, even if they were aware that they would have been called out.
Without approval for the operation, the screen screen will be open and will be carried out on the track side without approval for the operation.
(c)
6. Special bills for platform safety to prevent the recurrence of the platform safety questions on November 2015, 2015;
Progress of the Enforcement of the previous Measure
In the event of an accident in the Gangnam-gu Station on August 29, 2015, the competent division in charge of the management and supervision of the screen of the Seoul Metro as the accident occurred.
The library equipment center of the Technical Headquarters shall take special safety measures for platform safety in order to prevent recurrence of accidents.
'Special Safety Measures' was proposed to refer 'Special Safety Measures'.
The employees of the Seoul metro Technical Headquarters facilities center shall present the measures presented by each department after the Gangnam-gu accident.
Based on the results of each working-level meeting of each department, the special safety measures (not known) was proposed, and around November 5, 2015.
The fixed number of the president of the Simerart shall be the final approval and the above special safety measures shall be implemented.
was made.
In the process of establishing the above special safety measures, it is most appropriate to control and supervise the maintenance center on the site.
subway station service personnel shall take measures to suspend work at the time of one maintenance worker, and Mark (to open screen airs).
In order to prevent and enter the track side, "the keys necessary to enter the track shall be controlled" shall be effective.
6) This was deleted, and as a result, the service personnel have the duty to manage and supervise the work of the maintenance personnel.
Due care shall be exercised on whether one person work on the line of the maintenance center is performed, recognizing that there is no need to do so.
Now has been made.
On the other hand, as seen above, ASD maintenance personnel in which it is impossible to conduct two-person1 works.
If most of the disability reports are received, they were sent to the married person and arrived at the service office of each calendar station.
c) has not received any question or sanction from a service personnel due to the above progress.
The key to the “Sky’s custody box” is to open and keep Turkey installed in the service office.
Turkey open screeners listed on its platform, and then proceeds from the operations on the side of a mixed line.
As a practice, it became a practice.
[Death by Occupational Negligence]
1. Prospects of the occurrence of an accident;
In the course of establishing and implementing special safety measures after the occurrence of the Gangnam-gu accident:
Defendants, who are officers of SPD and officers and employees of the Seoul Metropolitan Government's station and head office, shall open screen air.
In the circumstances where work on the part of the track is required after the discharge, 2-1 of the mechanics
The fact that safety accidents may be prevented, and at the time, the APD's maintenance center
As human resources, it became aware that it is difficult to carry out activities on the track as 2 man1).
2. Defendants’ duty of care and negligence
A. Defendant Lee Jae-in
The defendant Lee Jae-hoon is the representative director of Lee Sung-sungD and the maintenance personnel under his jurisdiction, such as the victim Kim O-woo.
To ensure that human resources are fully secured and placed so that the repair work can be carried out in a safe manner; and
Whether the guidelines are implemented while educating the employees of the work guidelines for safety;
There is a duty of care to secure the safety of maintenance workers through measures such as inspection, etc.
Nevertheless, the Defendant’s second offense is the service contract of 2011 between Seoul Matro and Ess. Es. S.D and 2015
8) A situation in which it is impracticable to serve 2 man1 due to the shortage of the maintenance personnel of the maintenance personnel;
Measures to re-ordinate the placement of human resources of EPSD and make it possible for two persons to work.
in most cases, the number of persons who are bound to work for one person in most cases shall be
(1) The repair working group was organized and operated, and the two-person1 working group was not carried out, but
Recognizing that the certificate of business operation is a situation in which 2 man1 work has been entered as if it had been conducted.
This is implied and neglected.
B. Defendant Kim Jong-hwan and Defendant Cho Young-young
The Defendants, as members of the Gu’s station, shall perform screened works as members of the Gu’s station.
for the purpose of controlling the operation of trains by requiring the preparation of the date of application for historical work 9 in case of dispatch to history;
in the state that one of the maintenance workers has not been appointed shall open a mixed screen, and shall conduct repair works on the track side.
There is a duty of care to prevent the occurrence of occupational duties.
1) Defendant Kim Jong-hwan
Defendant Kim Jong-tae was a vice-head of the Gu Station, and on May 28, 2016, May 28, 2016, as the calendar day as the calendar of the Gu Station.
In general, there was a duty of care as above in controlling the safety management affairs in the history.
Nevertheless, Defendant Kim Jong-sik around May 28, 2016: around 45, 2016: The victim Kim Jong-su's service room
At the same time and the comprehensive control team, check the obstacles and keep them in Eskyky.
Although he was on a platform because he was cut up, he did not have the victim prepare a historical work application book.
In addition, the court below did not err.
2) Defendant Cho Young-man
Defendant Cho Young-young was the chief of the Gu's office and had the duty of care as above.
Nevertheless, Defendant Cho Young-man is from the General Control Center in Seoul Matro around 58 around May 28, 2016
“The Gu screen screen is open even during the entry of a train,” and the victim Kim at 17:45
0. On the basis of a mixed-solitary service room, the point of disability in the screen screen in the comprehensive control team shall be confirmed, and the posters shall be confirmed.
The applicant for history work shall be filed with the victim even though he/she went to the platform because he/she stored Turkey.
The plaintiff did not cause the plaintiff to prepare a paper.
(c) The fixed number of the defendants Lee Jae-young, Kim Sung-sung, Kim Jong-young, Lee Jong-young
Seoul metro shall operate and manage the subway history, which is the working place of the SPD Maintenance Board.
A person who operates and manages a train operated in connection with the scrap, screen, and screen air;
J. Seoul metro, through a service contract with APSD merely, screened against APSD.
order of work, etc. incidental to the service contract, not to be entrusted with inspection and repair;
SPD’s detailed methods, procedures, etc. for performing services shall be determined and continuously performed.
A position to control and manage the content, on the other hand, operated by the Seoul Metropolitan Government Urban Railroad Corporation.
Unlike Seoul subway 5 to 8 lines system 10, Seoul subway 1 to 4 operated by Seoul Meart
The screen management system for the election is linked to the comprehensive control system that controls the operation of trains.
In the case of the open screen for inspection and repair due to a failure to conduct an inspection and repair, a train shall be a station.
Since entry into the company is highly likely to cause a safety accident, executives and employees of the Seoul Metro shall be on board.
In the event of interference with screen screen, which is a part of the facilities of the entrance, the screen shall be screened by the esphere diff.
Measures to ensure the safe completion of repair work for fluences, and through this, history and trains
In addition, there is a duty of care to secure safety of passengers using this.
1) Defendant Lee Jae-young
Defendant Lee Young-young has been on his job at the Electronic Office of the Seoul Matro from October 21, 2015 to his job safety.
A person in charge of the maintenance, repair, safety management, etc. of screened fish while serving as the head of the door management team;
As a person, there was a duty of care as above.
Nevertheless, the defendant Lee Jae-in shall be implemented in accordance with the special safety measures enforced on November 2015.
safety rules for service companies, such as Es. S.D. (the once a month) and the regular safety rules;
land (not less than once a month) was not conducted from around December 2015, 2015, and EsPD maintenance personnel.
shall be prepared in a false manner that two persons have maintained even when the certificate of work submitted every month has been maintained;
In the state of being reported, on-site CCTV is confirmed or held by the Seoul Meart.
. Comparing the PSD Line's work report ledger 1) with the platform safety bulletin 12's platform safety report 'PSD'
by way of 2 persons1 did not check whether they were working or not.
2) Defendant Kim Sung-sung
Defendant Kim Sung-sung, from December 22, 2015 to the head of the Seoul Matro Technical Headquarters Electronic Office from December 22, 2015.
A person in charge of the management of electronic facilities installed in a history, such as screen, screen, etc., as above
There was a duty of care such as occupational duty.
Nevertheless, Defendant Kim Sung-chul is subject to the special safety measures enforced around November 2015, which came into force on this day.
A maintenance center for service enterprises, such as EPD, to be conducted by employees belonging to an electronic office, such as EPD
The education of safety rules ( once a month) and regular safety education (not less than once a month) shall be faithfully implemented.
whether or not it has not been managed and supervised.
In addition, even after the above Gangnam-gu accident, Defendant Kim Sung-chul continues to work for one maintenanceman.
under the circumstances in which the work is being carried out, not verifying whether the work is actually carried out by 2 persons1.
(c)
On the other hand, it is possible that a safety accident occurs during the repair work 13 in Seoul metro.
Recognizing that it is high, automatically connects screen air and train operation as above.
Collection of the current status of obstacles in order to supplement those which have not been constructed a comprehensive control system;
The system's "system" is established in an electronic management office affiliated with the electronic office, but defendant Kim Sung-chul was established in the above city.
The operation guidelines for the item facilities have not been carried out in the electronic operation room, and the system facilities have 120.
During the 63 calendars, the state of not linking with the 63 calendars has been neglected, and the above system facilities have been neglected.
A person who did not designate a person in charge or make use of it.
3) The full number of the defendants
The fixed number of the defendants shall be from January 20, 2015 to work as the head of the Seoul Metro Safety Management Headquarters from January 20, 2015.
In addition, the investigation of causes of industrial accidents and the control of prevention of recurrences, etc. shall be controlled.
As one of the above, there was a duty of care as above.
The defendant fixed-term management of the defendant 28 personnel increase by around September 2015, 201, from Ess. S.D.
(2) After the issuance of the plan, the status of human resources management, such as whether Article 2-1 has been implemented or not, after the increase in the number of 17 members.
not managing and supervising the section.
4) The fixed number of the defendants
The fixed number of Defendant Lee Jong-soo is the president of the Seoul Matro from August 22, 2014 to May 23, 2016).
A person who has overall control over the affairs of Seoul Qat and has been on duty as above;
There was a difference between the parties.
Nevertheless, on September 2015, 2015, the fixed number of the Defendant is 28 personnel from EssPD.
After being requested to increase the number of personnel, 2 10,000 after the increase in the number of 170,000
The state of operation has not been managed and supervised.
3. Occurrence of death.
Ultimately, the Defendants jointly and severally breached their respective duty of care.
Along with their occupational negligence, A.S. C. S. C. Kim Jong-su, the E.S. E. S. E.D.
On May 28, 2016: At around 55, 384, Agrasan-ro, Gwangjin-gu, Seoul, - the subway 2 lines in the Gu's Station of the subway 2 lines in the Seoul Special Metropolitan City.
(Ying-gu ? Stick-gu ? Stick-gu) platform 9 - Not more than 9 - Not more than 4 points to be in need of two work.
In the course of the repair work of the Do, there is a conflict with the train entering the history and entering the history, and 2016.
5. 28. 18: around 00, there was damage to two parts accompanied by two aggregates at the above site.
[Violation of the Occupational Safety and Health Act] - Defendant Lee Jae-crime, Esspidi
1. The defendant Lee Jae-in
Defendant Lee Jae-hoon is a representative director of APSD and is a safety bulletin for employees of APSD.
It is a person in charge of safety control who exercises overall control over the case.
A business owner shall, when he/she performs the work of repairing and checking tracks or other related facilities, endanger workers.
appropriate number of workers, quantity of work, order of work, method of work, and risk factors in order to prevent
Preparation of a work plan including the matters such as the method of pre-measures, and the work is conducted in accordance with that plan.
track and other pipes on the track (including adjacent tramways) operated by the train;
In the event of danger during the repair, inspection, etc. of training facilities, workers in a safe manner
It is sufficient to keep off the train traffic from time to time and to evacuate safely workers.
The work shall be performed after confirming that the space has been secured.
Nevertheless, the defendant Lee Jae-so, who is an employee belonging to the defendant Lee Jong-woo, on May 28, 2016.
17:In light of 55: When performing the repair work of screened fish on the platform of the Seoul subway Station 2:
It caused the death of the victim by failing to comply with this.
B. Defendant APSD
Defendant EsPdi is the representative director and the person in charge of safety management as above. The Defendant EsPdi is 2016.
5. 28. 17: around 55, the injured Kim Jong-woo, a worker belonging to his office, is from the platform of the Seoul subway 2-ro station of the Seoul subway.
In performing repair work for screened fish, failure to perform the obligation to ensure industrial safety; and
Mali Kim-O's death caused the death of the deceased.
Summary of Evidence
1. Statement made by the accused in the first protocol of the trial (as to the death or injury caused by occupational negligence);
1. Entry of the witness in each part of the fourth trial records and the witness's second trial records and the stronger's statement;
1. In the fifth protocol of the trial, some of the statements made by the witness, the use of the witness, and the new house;
1. Defendant Lee Jae-in, Kim Sung-sung, Lee Jae-sung, Lee Jae-in, Kim Sung-hwan, Cho Jong-young, the lowest string, Kim Jong-young, Lee Jong-young, Lee Jong-young, and Lee Jong-soo; and
Each prosecutor's protocol of interrogation of Daz, Doz., Doz., Doz., and Doz.
1. Each police statement on the Dogjin, Park ○, Park 0, Park 0, and Kim 0;
1. A report on internal investigation (in addition to the result of autopsy), a corpse autopsy, a report on internal investigation (on-site CCTV investigation), and a report on internal investigation (in-depth investigation);
the last call of the person), internal investigation report (in the investigation of the failure receipt register), internal investigation report (in the case of a equition maintenance personnel certificate)
investigation report (a statement made by an interested party on the changes in the main contents of the special measure against platform safety), number of persons involved;
G. Report (as of September 1, 2015, with respect to the document related to the measure to prevent the recurrence of an incident on platform safety), the acquisition of data from internal affairs and reporting thereon;
Investigation Report (in relation to attachment of emergency response manual), investigation report (i.e., platform safety report on September 1, 2015)
The measure to prevent the recurrence of accidents is related to the document), investigation report (the increase of 17 human resources due to the change of the service contract)
8 In relation to the assignment of team teams, such as Seoul Matro Organization Schedule, etc., PED maintenance entrustment agreement in 2011;
Contract special terms and conditions, business instructions ( May 5, 2015), business instructions ( February 2015), and amendments to the increased contract of technical personnel
( November 2015), measures for efficiency in the management of service enterprises ( December 2015), contracts for service changes, and platform safety issues;
separate safety measures (n) - (the return of the head of the Technical Headquarters, the withholding of the head of the Safety Management Headquarters, the final report), the investigation report (the addition of service contract)
section) The Board of Audit and Inspection’s audit report ( December 2015), the request for disposition of audit results and the dispatch of notification matters, and the investigation of serious accidents
Written opinions, internal investigation reports (integrated of the movement routes), investigation reports (Investigation by the Committee on Finding the History and Truth of the Gu)
A report on the acquisition of internal data (in relation to attachment of a report) and a report on the acquisition of internal data (the receipt date of a breakdown and the report on work on the line);
1. On-site photographs and other photographs;
Application of Statutes
1. Relevant Articles of criminal facts;
(a) The crime of immigration offense by Defendant: Articles 268 and 30 of the Criminal Act (the occupation of occupational death by occupational negligence) and the Industrial Safety and Health Act;
71, 66-2, or 23(2)15)
point)
B. Defendant Kim Jong-hwan, Cho Young-ju, Lee Jae-young, Kim Sung-sung, Kim Jong-young, Lee Jong-young, Lee Jong-young: Articles 268 and 30 of the Criminal Act
(c) Defendant APD Co., Ltd.: Articles 71, 66-2, and 23 of the Occupational Safety and Health Act
1. Competition;
Defendant Lee Jae-in: Articles 40 and 50 of the Criminal Act
1. Selection of penalty;
A. Defendant Lee Jae-in: Selection of imprisonment
B. Defendant Kim-hwan, Cho Jong-young, Lee Jae-young, Kim Sung-sung, Kim Jong-young, Lee Jong-young, Lee Jong-soo: Selection of each fine
1. Detention in a workhouse;
Defendant Kim Jong-hwan, Cho Young-young, Lee Jae-young, Kim Sung-sung, Kim Jong-young, Lee Jong-young: Article 70(1) of each Criminal Code;
69(2)
1. Suspension of execution;
Defendant Lee Jae-in: Article 62(1) of the Criminal Act
1. Social service order;
Defendant Lee Jae-in: Article 62-2 of the Criminal Act
1. Order of provisional payment;
Defendant Kim Jong-hwan, Cho Young-young, Lee Jae-young, Kim Sung-sung, Kim Jong-young, Lee Jong-young, Lee Sung-sung SPdi, Inc.:
Article 334(1) of the Criminal Procedure Act
Judgment on Defendants’ assertion
1. Facts of recognition;
According to the evidence duly adopted and examined by this Court, the following facts are recognized:
(2).
A. Progress after the Gangnam-gu accident
1) The Seoul metro Safety Management Headquarters on August 29, 2015 was involved in the accident on September 1, 2015, immediately after the Gangnam Station accident.
To ascertain the cause of Article 21 of the Act and to take measures against the failure to comply with the work, etc.
Thresponding (2 ar1 checking, maintenance) report, etc. (No. 1 investigation records 2029 pages)
On September 3, 2015, the fixed number of Defendant Lee In-bok is work through a labor office and a comprehensive control office through press reports.
Preventive measures to strengthen control and prepare sanctions, etc. against non-compliances with safety rules;
The books were published.
2) On September 10, 2015, the Korea Occupational Safety and Health Agency (Korea Occupational Safety and Health Agency) Gangnam-ro, Seoul Mat, after the Gangnam-do accident.
As a countermeasure to prevent reverse accidents, the current key is fully recovered and safety measures are taken.
In such cases, "control of emergency heat, such as non-satisfying of emergency heat on a limited basis", etc.
It sent data on serious accident cases(2 investigation records No. 1080).
3) The fixed number of the Defendant is the head of the electronic business office on September 24, 2015, e.g., e., e., e., e.g., e., Ess.
In addition, joint meetings of technology and maintenance and repair companies have been held, and on the side of the SPD at that location
In addition, as a result of the verification of the maintenance of platform safety books in 2015, 3, 095 out of 412 cases on the track side.
I pointed out that one person’s work (90. 7%) was carried out on a case, and ISdi actually carries out it.
The majority of them carried out the work of Article 2-1, but there are parts written by only one person work on records.
The Court held that it is true.
4) Details about changes in special safety measures after the incident of the sexual waters, and after the accident of the Gangnam-gu;
same as drinking.
A person shall be appointed.
A person shall be appointed.
5) After the Gangnam-gu accident, the Board of Audit and Inspection shall audit the Seoul metro, which is the Seoul metro, and the Joutrocom on January 1, 2013.
1. Between August 31, 2015, failure to notify the General Control Agency of a total of 335 track operations
on December 24, 2015 due to improper management and supervision, such as the inspection of screen screen, etc.
When disposing of an institutional caution to Tro, the maintenance and management company shall maintain and inspect the screen picture in the future;
At the time of management and supervision so that it does not violate "safety measures for maintenance and repair of platforms", etc.
It was required to thoroughly make sure.
6) Seoul metro: 28 Es. Mas. Has. 28 Es. Has. Has. as seen earlier on January 8, 2016
In order to reduce the occurrence of a disability by partially accepting the agency, the condition of action by putting in place the obstacle inspection center and slot trading system.
1. One person who has concluded a modified contract to increase the number of 17 persons under the pretext of changing the inspection cycle;
the contract amount shall be increased by calculating 3, 225,00 won per party, but Article 16 subparagraph 9 of the Contract Special Conditions
A. Imposition of "one time a week when suspension of work has been taken due to compliance with safety rules" (three times a week).
(1) A contract to amend the contract to the effect that the contract shall be issued once a warning of the Si and shall be issued at least three times;
F. On the other hand, APSdi is installed at Seoul Matro.
11 new persons shall be issued to the electronic management team after reporting the current status of personnel changes following the conclusion of the above amendment contract.
only eight of them are the members of the Working Group, and the remaining three of them were the technical office and the Center.
(First Investigation Records 5415 pages)
(b) The victim's day of the accident ( May 28, 16) (the first investigation record 268, 5852 pages);
A person shall be appointed.
(1) Investigation records No. 2053 pages, No. 2 investigation records No. 1183 pages, screen structures and reflouds
(c) The Seoul Qro Safety Inspection Office shall obstruct platform safety from May 1, 2016 to May 28 of the same year;
As a result of the verification of the location of the measure, the total of 45 work on the track side that must be carried out as "Article 2-1."
one-person work is 26 cases and one-way work is not reported to a facility control system (44% = 20 cases/45 cases)
(2) The details of the second investigation record 788 pages) are as follows:
total work on the side of line platforms 197 cases 152 cases 145 cases and 107 cases 81 cases and 90 cases 71 cases and 19
D. On the other hand, Seoul metro on May 28, 2016, with respect to screeners immediately after the instant accident:
The principle of work was modified and notified to the service office (the first investigation record 672 pages).
1. Report on work principles of platform safety questions: Visit report ( made out of work log) to a service office - permissible work (for three persons, two service workers, one person: two service workers, one electronic management office: one person) - Completion of the work (for the completion of the work, a report on the completion of the work and confirmation): Confirmation as to whether the work principles are observed - At the time of attendance of two workers and employees of the electronic management office, permission for work on the line and confirmation of work on the line (for the purpose of the work log, specification and control of the work log);
3. Management of Skis Turkey- (current Management) - Direct management of the former management office at the time of non-compliance with the work principle.
(e) The organization limit of Seoul Matro (the first investigation records, the second investigation records, the second investigation records, the second investigation records, the second investigation records of which are 276 pages);
2. Determination as to the defendant Lee Jae-hoon and Lee Sung-sung's assertion
A person shall be appointed.
A. Summary of the defendant Lee Jae-hoon and Lee Sung-sung's assertion
The subway platform screen shall be the occupational safety and health standard rules (hereinafter referred to as "industrial safety and health standard").
The Defendant does not fall under the “trams and other related facilities” of Article 408 of the quasi-Rules (hereinafter referred to as the “Rules”); and
Neither persons shall assume any obligation with respect to industrial safety under the Industrial Safety and Health Standards Regulations.
B. Determination
the following specifications, which may be known to the court by taking into account evidence duly adopted and examined by the court:
Actual or circumstances, i.e., ① Article 2 subparagraph 3 of the Tramway Act, as well as the tracks, and stations (transfer facilities and others);
Facilities, including convenience facilities), other buildings or building equipment necessary for tramway transportation, " tramway facilities"
The term "trams" is defined, and 2. The term "trams" is a way to cover a rail so that the wheels of a train can be cut.
The main form of platform is determined as a hub for the platform in which the guest can board.
The scope of literal interpretation does not exceed the limit of literal interpretation in light of the equipment related to the track, which is the screen of the facility.
It is necessary that the Industrial Safety and Health Act requires the repair and inspection of tracks and other related facilities.
The purpose of the preceding measure is to prevent danger such as collision with trains operating above the track.
In the case of repair works for screened fish, there is sufficient need to prevent such danger.
In light of the fact that the platform screen is re-written, Article 38(1) of the Regulations on Standards for Occupational Safety and Health
It is reasonable to see that the term "trams or other related facilities" as referred to in sub-paragraph 12 and Article 408.
The above assertion by the senior is without merit.
3. Determination as to the assertion of Defendant Kim-hwan, Cho Young-ju, Lee Jong-young, Kim Sung-sung, Kim Jong-young, and Lee fixed number
A. Characteristics of this case
In the subway history, the implementation of Occupational Safety and Health Act in case workers contact with subways and conflict with subway stations.
It is highly probable that serious accidents, such as death, etc. prescribed in Article 2 (1) 1 of the Rule, may occur.
For this reason, communication and consultation between the present place of business, relevant departments and workers is essential.
If the proposal is made, the maintenance and repair of screen screen, which is part of the subway operation work, by the Seoul metro;
The service contract to be entrusted was concluded and detailed affairs are different, but it is also in the same subway history.
Workers and Ess. Es. Es. worked together with Es. Es. S. workers. In addition, the instant case
The occurrence of an accident is not the reality of the risk of the scrap repair business itself, but the risk of the accident is the cause of the danger.
The collision with the maintenance personnel in the steel and the occurrence of a disaster, and the substantial operation of the subway, which is a risk factor, shall be the actual operation of the subway
the subject of control is the Seoul Matro, and the Seoul Matro side is responsible for preventing related disasters.
It is necessary to pay due attention to the duty of care.
Of course, cooperation with other companies whose independence in human resources management has been guaranteed by Seoul metro
in the course of performing a share of expenses, an accident occurred while an employee of another company is engaged in dangerous work
in the event of the occurrence, the Seoul metro has trusted the other company and the expectation of separate measures.
Since it is difficult to do so, it may be difficult to see that it is difficult to see the Seoul metro.
On January 19, 2013, APSD’s workers died in a train in a sexual zone and died on August 29, 2015.
Death of a worker due to fluorcom's death in a train in the Gangnam-gu Station, etc.
After the occurrence of a serious accident, the accident occurred again before the lapse of one year from the fire.
In this case, there is the specificity of this case. As such, death accidents with respect to scraped works are annually caused.
If any situation occurs, the Seoul Matro side shall have a trust of the service company and 1 on the track side.
The removal of risk factors and the prevention of disasters, rather than neglecting risk factors of human works;
shall actively engage in such activities as may be required to do so.
(b) Measures to be taken with Seoul metro after the Gangnam-gu accident ( changed in circumstances after the Gangnam-gu accident);
1) Special Safety Measures
The fixed number of Defendant Lee Jong-soo is strong to check and control two persons through the service office immediately after the Gangnam Station accident.
Although it was said that it would be commercialized, services are rendered in the course of establishing its special safety measures on November 5, 2015.
under the contrary of the customer business headquarters, which is the actual organization, have the service office monitor 2 man1 work.
In the event of non-compliance, effective measures to suspend the work have been deleted, which would rather be strong.
Before the calendar accident, the service office shall take measures to suspend work at the time of work of the maintenance center without prior notice.
the control over the measure is weak than that taken by the Seoul metro. The maintenance staff is controlled at the facility of the Seoul metro.
as alternative, the draft to recover Turkey from Masky as an alternative and to manage it at the service office.
B, however, this also establishes a storage box in the Turkey against the customer's business headquarters.
Since only the lawsuit was provided and the electronic office was ordered to manage it, it is substantially maintained.
section 1 of the Board has no effectiveness to control in advance the work of section 2 of the Board. As such, there is no effectiveness to control the work of section 2 of the Board
the effective prior control measures for this section are all infinite, and e.g., IS. any longer infinite;
D. Only upon request for approval of the work on the line of the D mechanic, the work is primarily controlled and controlled;
Unlike the fact that the Escopian Escopic Escopic Escopic had expressed his opinion through the media at the beginning, the Escopic Escopic
There was no choice but to be continuously exposed to the risks of one online work.
2) Part on the increase in human resources
As seen earlier, Seoul metro shall have 17 persons, among 28 persons requested by EsPdi,
only increased, but not in the name of the human resources of the Working Group, Mazzers and Slves
Since the number of 17 increased under the name of changing the inspection cycle, the Seoul Matro side shall be the Seoul Matro.
2.2 1 5 1 1 1 1 1 1 1 1 1
It was necessary to thoroughly check whether the division and two persons are actually performing the work.
3) Sub-decisions
As can be seen, the Seoul Qart side trusts SPD any longer than due to the sexual waters and the Gangnam Station’s accident.
in a situation where it is not possible to eliminate the risk factors of sole works on the track.
, however, the control units during the effective prior control and work to the extent that such trust can be restored.
The absence of the book was the situation where the Korea Occupational Safety and Health Agency was the Gangnam-gu History, particularly as seen earlier.
immediately after the date of such order, only in the case where the safeguards are prior to such order, to dissatisfy emergency heat;
Inasmuch as there was no prior control procedure to control the emergency heat, IPS is not in place.
d) 2 persons, not required to obtain the approval in the event of a full trust and on the part of the track;
1 even after the completion of the work, a thorough examination shall be conducted to prevent risk factors.
There was a specific duty of care.
C. Judgment on the assertion of Defendant Kim Jong-hwan
1) Summary of the assertion
Defendant Kim Jong-hwan did not cause the victim to record the date of application for historical work
The victim was aware that the victim was engaged in daily inspection, and the victim was screened.
Inasmuch as it was not possible to know that the Defendant was engaged in the work on the track for repair of the malfunction, the Defendant’s negligence or negligence;
The causal relationship can not be recognized between the death of the victim.
2) Determination
The following specifications are duly admitted by the evidence duly adopted and investigated by this Court:
When compiling the Court, the defendant Kim Jong-kin shall prepare in advance the victim's application for historical work.
by clarifying the contents of the work and making it clear to ensure that there is no one work on the track side in advance.
The defendant has a duty of care to prevent the occurrence of an accident by preventing the occurrence of an accident;
The injured party neglects his duty, thereby neglecting his duty, on the line without any substantial control over the Seoul Qart.
Since the accident of this case occurred while only one side of the accident occurred, the above assertion by the defendant Kim Chuncheon
No reason exists.
1(1) The work executor shall draw up the date of application for historical work prior to commencing the work for the premises of the subway station.
work name, ‘work place', ‘detailed work content', ‘written signature of confirmation', etc. shall be stated in the above work site.
No. 1 investigation records (No. 369 pages). In the above part, the "detailed work content" and the "number of workers" are described.
Since the victim is required to do so, the victim is working on the line side to the above part of the day, and "cirrh obstacles" are screened.
If 'welve cleaning' is written as 'B' and 'B' is written as 'B', the platform safety question in itself.
Since safety rules are imposed, it is substantially controlled in advance by the victim's track operations.
the role will have been served.
(2) The date of an application for work at a labor office that has engaged in any work, including the inspection of scrap, etc.
investigation records of No. 46611, No. 46989 (hereinafter referred to as 'the investigation records', 'the investigation records' of 2016
7898 pages) 7898 Epics, Epics do not report the content of work, etc. at the date of application for historical work.
It is necessary to suspend work when finding the maintenance workers working (in case of investigation records).
7912 pages 7912) On the record of the application date for historical work to ordinary workers in the station of the Gu.
The education was conducted (7843 pages 7843 of the investigation records), and Defendant Kim Mag-hwan
The direction was received, and it was recognized that the cleaning work was dangerous in screened (the investigation records).
717, 7725 pages)
(3) Article 38 (1) 12 of the Industrial Safety and Health Rules shall prevent any danger to workers.
Work plan including matters such as the number of workers, work methods, safety measures against risk factors, etc.;
The filing date of the application for historical work is the actual function of the work plan and the attention.
In that respect, the role of securing the safety of working workers in advance and preventing risks.
Ministry of Land, Infrastructure and Transport, and the Ministry of Land, Infrastructure and Transport, recognizing the importance of the project, is an incident involving Gangnam-gu.
On October 22, 2015, 2015, the matters not entered in the work-related ledger shall be improved.
I also pointed out (No. 2 investigation records 958 pages).
D. Determination on Defendant’s assertion
1) Summary of the assertion
Even if the defendant Cho Young-young was unable to make the date of application for historical work, this is found to be erroneous.
(1) The term “the victim” means the victim’s death and breach of such duty of care.
No causal relationship may be deemed to exist.
2) Determination
The following specifications are duly admitted by the evidence duly adopted and investigated by this Court:
When integrating statics, the Defendant’s operator shall be notified of the occurrence of obstacles from the General Control Facility.
Although there is a post-management office, the victim was not well aware that the reason for maintenance had visited the service office.
In addition, it is sufficient to notify the occurrence of the disability together with the defendant Kim Jong-hwan, a vice president at the time.
(1) The date of filing an application for historical work shall be the date of filing an application for historical work with the victim.
The victim did not prepare before, and as a result, did not independently perform the work on the line; and
Since the accident of this case occurred, the above argument of the defendant's operator is without merit.
(1) Pursuant to Article 27 of the ‘Service Center' and the established rules for reverse service, the Defendant is subject to a comprehensive control action.
Crindog is open to the entry of a train, and even if it has been notified of the equitable situation, it shall be left to the matter.
Defendant Kim Jong-hwan, the vice president of the station at the time, did not sufficiently discuss the issue of whether he had his intention to do so. As a result, Defendant Kim Jong-hwan
the victim visited the service room, but the victim has been able to repair screened fish.
The history work with knowledge that the victim was conducting a simple inspection work due to the failure to grasp properly.
The application date has not been prepared.
(2) The demotion, which is the staff member of the service office who had worked as at the time, shall be the victim's service room.
At the time of entry, the defendant Cho Young-man stated that the victim was considered next to the chief of the defendant Cho Young-man's office, so that the victim is avoided;
If a high-ranking person paid a little amount of money, he/she shall ask the victim of the details of the work to report.
It seems that the date of application could have been prepared.
E. Determination as to the assertion of Defendant Lee Jae-in and Kim Sung-sung
1) Determination on the assertion as to the specification of the facts charged
A) Summary of the assertion
The facts charged of this case are subject to special safety measures such as education of safety rules, duty of inspection, etc.
'A part of the duty of care to be performed' has not been performed in relation to ‘the duty of care'.
To the effect that the breach of duty is generally and abstractly stated, and the Defendants’ substantial right to defend;
Since the violation of section 327(2) of the Criminal Procedure Act, the prosecution should be dismissed.
B) Determination
The facts charged of this case are specifically stated in the contents of education not executed by the Defendants.
However, the details of the duty of education and inspection to be conducted by the Defendants are not specified.
Since the Defendants are listed daily, each education and inspection specified in the facts charged shall be conducted as the Defendants.
by asserting that all others have fulfilled their rights of defense, so that they may exercise their rights of defense.
It cannot be deemed that the facts charged in the case are not specified.
2) Determination on the Defendants’ common assertion
A) Summary of the Defendants’ assertion
The duty of care to be borne by the Defendants is against the duty of special safety measures
When considering the current status, etc. of human resources of the platform safety management team at the electronic office without being identical to the Si, the defendant
In fact, it was impossible for the Defendants to fully implement the special safety measures. In addition, the Defendants are not the Defendants.
A. 2 A.I.D. finds that the work of Article 2-1 was being carried out in Ss.P.D., 2.1
Inasmuch as it could not be predicted that the Defendants should be said to have breached their duty of care, the Defendants cannot be found to have breached their duty of care.
The causal relationship between the victim's death can not be recognized even if such breach of duty has been committed.
B) Determination
The following circumstances found based on evidence duly adopted and investigated by this Court:
Comprehensively taking account of the facts revealed by the Defendants, the Defendants conducted the education for the APD SD maintenance personnel from December 2015.
There is no thorough verification as to whether two persons are working or not, and one person on the line side even after the Gangnam-An accident.
In the end, the accident of this case occurred because the work has been still conducted and the risk factors therefrom have been realized.
Since they were alive, the Defendants’ above assertion is without merit.
(1) After an accident in the Gangnam Station, the Seoul metro shall be another screened and maintained business entity.
Although Es. 2 have given Es. 1 the work rules on the line, Es. S.D. shall comply with that rules.
It does not know the Seoul Matro that it is working properly, but rather lacks human resources.
2-1 workers need to be actively increased because it is difficult to do so, and the Seoul metro.
As seen earlier, effective prior control measures are deleted in the special safety measures.
Inasmuch as it was difficult for the Defendants to trust APD as it is, the Defendants are the Defendants.
After all, it could have sufficiently predicted or predicted that one person work on the line may be carried out.
C. On January 8, 2016, in order to fully recognize and control the possibility in Seoul metro.
as seen earlier, the contract special terms set forth in Article 16 subparagraph 9 of the safety rules shall be non-compliance with
If the suspension of business has been taken, the provisions to impose a week may be deemed to have been added.
② The Defendants confirmed that EsPD is implementing special safety measures.
(1) compare 'PSD Work Report' with 'PSD Work Report' with 'PSD Work Report' and 'PSD Work Report' with 'PSD Work Report'
under section 12, such as CCTV furnished in the subway stations, and the receipt of malfunctions, after the cooperation of the service office,
through this, it was possible to confirm whether or not the approved track works are relatively easy even if they were not available.
In addition, Defendant Lee Jae-in not only failed to perform this properly, but rather on the side of the PSSD tracks.
The main body, contents, etc. of the working report ledger was not well known (7020 pages of investigation records).
(3) SPD, the chief of the platform and safety door management team, of which is the fluor of the platform and the sphere of which is the fluor of the thousand sphere.
The Defendants were visiting a month to conduct special education once a month, and the Defendants were able to conduct special education once a month from around December 2016.
Conduct of ‘Safety Rules and 'Regular Safety Education' against EssPdi, which are to be done in the city.
In other words, it was replaced by providing radio wave education at the Safety Council (700 pages of investigation records). The above is the beginning of the investigation records.
The purpose of the direct education is to thoroughly inform e.g. Ss. maintenance personnel of the safety rules.
Since it was prepared to prevent accidents due to negligence, substitution with radio wave education is fit.
did not meet the requirements of section 1.
④ Defendant Kim Sung-sung has a special control over the service personnel against the prosecution, and the customer business headquarters.
Measures to suspend work due to non-compliance with platform safety rules because it was deleted from the separate safety measures;
"There is no measure to suspend work, unless the measure has been taken against the subject of the measure."
(2) A few of the maintenance personnel who have made a statement at the prosecution (7212 pages 7212 of the investigation records) and has increased in part
A worker who did not know about whether he was placed in his team (7200 pages of investigation records), such as
Control over them shall be effective for them, and two persons1 safety rules shall be regarded as efficient for them.
The ex post facto measures on compliance have not been properly taken.
3) Determination as to the assertion of "the collection system of the current status of disability by screening of Defendant Kim Sung-chul"
A) Summary of the assertion
Defendant Kim Sung-chul has a trouble in collecting the current status of disability by 's scrap screen'.
In the case of an ex post facto disability, it is only a facility to collect statistics, etc., and a comprehensive secretaryship.
Since it is not established for the purpose of item, the negligence of defendant Kim Sung-chul with regard to the operation of the above facility.
It argues that the causal relationship cannot be recognized and it is difficult to recognize it.
B) Determination
The following circumstances acknowledged by the evidence adopted and investigated by this Court:
When integrating, the defendant Kim Sung-chul uses the above system to ensure whether the two-person 1 works have been carried out.
Since the defendant Kim Sung-chul did not confirm it, the above argument of the defendant Kim Sung-chul is without merit.
① On January 19, 2013, Seoul Metro shall manage platform and safety obstacles after the incident of the sexual water area.
Preparation of "Plan for Improvement of Inspection Method", and rapid obstacle measures by real-time monitoring of the status of disability shall be taken.
to establish a remote monitoring system (No. 1 investigation records 2066 pages). Details of the system
'Real-time collection and management of the current status of each historical platform and platform disability', and ‘specific disability' if a particular disability occurs.
There is an known 'them' and the number of persons who need to monitor the status of disability is reviewed as a short point.
As such, the collection system of the current status of disability is to secure statistical data only at the beginning.
It is not prepared for purposes.
2. The Kim Jae-ray in charge of the contract for the above system at the Electronic Management Team at the Seoul metro.
approximately KRW 130,000 per day on the screen, appearing on the screen, which average 1.5 on the first page.
Roging, in fact, it is impossible to monitor the above system."
statement to the effect that the system is made, and real-time monitoring of all obstacles is conducted by the system;
shall be deemed to be impossible. However, all disability information generated from screen air shall not be all available.
Ordering ASD to be called out at the electronic operating office, concentrated in the self-operating office;
The time of dispatch shall be not more than 1 to 2 hours, and a monitoring at all times at the electronic management office shall be conducted.
not a disability but a screen with monitoring the information of the system at the time of receiving the disability.
If he/she opens a manual, if he/she confirms CCTV images for the station, he/she shall be fully 1 on the side of the line.
It seems that it can be confirmed whether the worker is working or not. Any screen failure due to lack of human resources
If monitoring is difficult to take place with respect to A, such monitoring shall be conducted on a non-regular basis.
It is also possible to supervise 2-1 workers on the track side, and the defendant Kim Sung-chul is the above system.
(1) the operating guidelines of the Corporation are not attached to the electronic operating office, and the person in charge of such guidelines is not designated.
In addition, the above system was neglected and used entirely.
3. Every Rogs in all history on the screen of the above system will be cut away, but left.
Since the route of the station's station's dispatch of major allim, after ordering APD to be called out.
If monitoring only the route for the relevant history, it cannot be deemed impossible to do so.
A. In the above system, the term "the current status of the disability of PSD" on platform safety questions (PSD)" functions as "the inspection of the list of alerts".
The defendant can inquire about the details of the warning by inputting the items of the ‘period' and ‘defluence', ‘defluence' and ‘defluence'.
1. At the end of 5 seconds, even if the notice screen is visible, the relevant station shall inquire about the details of the warning.
by ascertaining CCTVs (no video recording function) and gathering of history from which APSD was called out.
It is possible to fully utilize as auxiliary material for tling (No. 2 investigation records 1931). As such, A.P.S.
d even if the monitoring of all screened fish operations is not possible, 2 e.g. S. S. S.D.
1 If the system was used as auxiliary material confirming and supervising whether the work is conducted, then the material is sexual;
They seem to have been able to control one working practice on the line side of Sddi.
F. Determination as to the assertion of fixed number of defendants, Lee Young-soo
1) Summary of the assertion
Defendants have fulfilled their duty of care to ensure safety through safety education, round-up, etc.
The obligation of the maintenance personnel to safely complete the work is e.g. A. S. as the receiving entity.
Since D bears the duty of care, the Defendants cannot be found to have violated the duty of care, negligence and victim.
The causal relationship between the death and the death can not be recognized.
2) Determination
A) Violation of the duty of care and duty of care in the management of the defendant.
The defendant fixed-term is the head of the Seoul metro Safety Management Headquarters, and the Seoul metro Organization Regulation Office
According to the safety regulations, there are safety management offices, safety inspection agencies, and emergency planning agencies.
The duties of the management office are "matters concerning industrial accident prevention activities and accident-free management", and safety investigations.
The work of the wife is "matters concerning workplace safety guidance and inspection". The fixed number of the defendants is Gangnam Station.
After the accident, the technical field and maintenance are conducted on September 24, 2015, together with the head of the electronic business office, the APS D D D D Classs, etc.
In the course of joint meetings of repair companies, 2 persons1 on the line side of APSD and the actual status of non-compliance with the work
On November 5, 2015, screened work in the process of approving its special safety measures
Screenings, such as adding "the quarterly inspection of the Mys Turkey ledger" under the judgment that the prior control is insufficient.
Recognizing the fact that the control of green-do work is important, and the defendant fixed-term Seoul.
Safety and health in charge of overall safety and health affairs pursuant to Article 9 (2) of the Safety and Health Management Regulations.
"Establishment of measures to prevent the recurrence of industrial accidents" as a general manager in accordance with Article 9 of the above Regulations (No. 6);
"Other important matters concerning safety and health" (No. 11) was in charge of (the second investigation record)
528 pages), in particular, as seen earlier, the Korea Occupational Safety and Health Agency notifies the Korea Occupational Safety and Health Agency as a measure to prevent accidents.
there is a lack of special safety measures, such as the failure to take the prior control measures such as the control of the chain;
due to the occurrence of the risk factors of one-person work on the track, which could have been predicted or sufficiently predicted.
C. Therefore, the full number of the Defendant is, on June 8, 2016, the employees of the light safety survey station are screened.
The CCTV images of each history before the accident of this case, as the personnel verification work was conducted.
shall thoroughly manage and supervise the status of human resources management, such as whether one person works on the track side by means of others, etc.
Although there was a direct and specific duty of care, it was neglected.
B) Violation of the duty of care and duty of care of the fixed number of defendants
Within 'the Special Safety Measures established after the accident in the waters'; and
Special safety measures, which are easy to delete and are insufficient for the management entity of the Turkey's storage, shall be November 5, 2015.
In the state of establishment, the Board of Audit and Inspection shall audit the Seoul metro after the Gangnam-gu accident and inspect it on December 24, 2015.
The maintenance and management company will maintain screen screeners in the future while taking a disposition of institutional caution against the Seoul metro;
Management and supervision to ensure that the inspection does not violate the "safety measures for platform maintenance and repair", etc.
The number of defendants was required to thoroughly supervise the line. However, the number of defendants is required to control the sole work on the line side.
and through the media, it has not required to establish effective additional measures for the purposes of
It is also special that the service office or the office of comprehensive control will be able to control the work person.
It did not properly reflect the measures for separate safety.
The fixed number of the Defendant was in office as the president of the Seoul metro at the time of the Gangnam Station accident.
In the state, the practice of one on the line and its risk were fully known, and the worker has already been employed.
Inasmuch as a serious accident of death occurred, the line that was customary by APSD.
Recognizing that risk factors arising from sole work exist or may exist sufficiently.
Defendant Lee Jong-soo, therefore, did not necessarily trust APSD in a timely manner:
Article 2-1 of the actual Act by exercising the right of thorough command and supervision over Defendant Kim Sung-chul and Kim Jong-young
Direct and specific duty of care to manage and supervise whether the business is being conducted;
Defendant Lee Jong-soo did not fulfill his duty of care, but rather in the prosecution, he did not perform his duty of care.
Having a key in the custody of Turkey without accurately aware of the procedures following the establishment of the Turkey;
and the employees taking the screen of Turkey are not the Esscopian maintenance personnel, but the Escopic Office.
I also stated that he was mistakenly understood as an employee (the second investigation record 7963 pages).
C) Sub-determination
Defendants are engaged in two or more works under Article 2(1) of the Act in the event that the incident of the area of sexual sea or the Gangnam Station occurred.
thorough management and supervision of the human resources management status of APD, such as confirmation of APD, and one on the side of the track;
There has been a direct and specific duty of care to prevent the risk factor of the industry from being delayed.
In the end, the risk factors of APD’s one-person work on the line of EPD continue to exist.
The instant accident occurred while the victim was engaged in one on the track side due to the lack of human resources of the Working Group in the Yellow Sea.
Since it is reasonable to see that the Defendants’ above assertion was without merit.
Reasons for sentencing
1. The Seoul Metro is expected to maintain and manage the screen screened e.g., e., the instant service contract;
plan to assume all responsibility with respect to such section and to control one person on the track side.
A. SPD also sets forth the total number of personnel required in the instant service agreement;
and actively increasing the number of human resources is aimed at increasing the amount of profit, and thus, required as a whole.
Measures, such as increasing the number of human resources and increasing the number of actual working groups, as expected under the contract provisions;
did not. Ultimately, the incident on January 19, 2013, and the incident on August 29, 2015, which occurred on August 29, 2015.
Taking proper safety measures under this contract structure between the Seoul metro and APSD.
No termination may lead to a serious infringement of legal interests that could not be complied with by the second victim's death.
J. In our society, there is a recurrence of such accidents of human life in the space where citizens are able to understand.
A large shocked.
With respect to the circumstances of these accidents and the former and current officers and employees of the Seoul metro: Seoul
On June 7, 2016, 2016, the victim's bereaved family members made efforts to recover damage, and each defendant made other
In full view of the following circumstances and circumstances after the commission of the crime, the sentence shall be imposed as ordered by the court.
The matters shall be determined.
2. Defendant Lee Jae-hoon, A.S.D.
○ Unfavorable Circumstances: A.S. workers of A.S.P.D due to a failure to work two persons on the line;
Although the accident was not an accident, a human life accident occurred during the management of screen fish, and August 2015.
29. The safety of the maintenance center should be ensured in the event of an accident involving Gangnam-gu in the Republic of Korea.
Although he has a duty of care in the field of duty, he neglected it.
○ favorable circumstances: After Seoul Matro paid money to the bereaved family members of the victim for the recovery of damage;
A. E. S.P. claims a reasonable amount of reimbursement against E.P.D., on the other hand, E.P.D.
Not paid by Twits, holding 531, 418, 502 won (ash. 8, 2017)
14. Final Seoul Central District Court 2016Kahap5778, Seoul Central District Court) and Seoul Metra through certain procedures
The claim for reimbursement is likely to be extinguished, and the accident of this case is a full liability of the above Defendants.
Defendant, not by reason of fact, has an effect on the unauthorized Round of the following New OEs:
The fact that an immigration offender has no record of criminal punishment;
3. Defendant Kim Jong-hwan, Cho Young-man
The Defendants suffered from a station platform in which the instant accident was managed by the Defendants, but a small screener
The Defendants’ circumstances leading to the instant crime, such as the maintenance and management duties at the electronic office.
There are circumstances to consider, and that there is no past record of criminal punishment by both the Defendants.
4. Defendant Lee Young-chul and Kim Sung-sung
○ Unfavorable Conditions: Various documents submitted by the Defendants from APSD and CCTVs
2. Ascertainment as to whether 2 APD works on the part of the EPD line at the time of fire using the red facilities, etc.
(2) if such action was sufficiently taken, the victim did not have a serious consequence of the death of the victim.
that it appears that it would be
○ A favorable normal condition: As seen earlier, the electronic office will contain the management work of the screen of this case.
facilities are installed on station platforms, and the defendants are subject to criminal punishment.
80,000
5. The fixed number of the defendants;
○ Unfavorable Conditions: The defendant has been punished twice for a violation of the Occupational Safety and Health Act;
this chapter.
○ favorable circumstances: A special safety measure by adding to the inspection provisions of the Marky's Republic of Korea
Some efforts are made for safety measures, such as revision and approval.
6. The fixed number of defendants;
○ Disadvantageous circumstances: Safety measures taken while the defendant is in office due to the occurrence of an accident involving Gangnam;
with full recognition of the importance and necessity of the project and more thoroughly as to whether 2 o 1 working on the line has been implemented.
Although he/she has been directed and supervised to confirm it, he/she has neglected it and caused an accident in Gangnam Station 1
The occurrence of a serious accident in this case has occurred again before the lapse of the year.
A favorable circumstances in 00: A person who has been punished by a fine once for another type of crime shall be punished by the defendant.
Points with no power received;
The acquittal portion
1. The occupation of occupational death;
A. Defendant Kim Jong-hwan, Cho Young-man
1) Summary of the facts charged
The Defendants, as Gu calendars, are screeners in accordance with the business manuals, etc. of Seoul metro.
(2) A comprehensive control group established in the service office due to a disability or a comprehensive control group established in the service office
If a notice of disability occurrence is given by a lawsuit, the site shall be confirmed and the results thereof shall be operated electronically in Seoul.
The operation of a train may be adjusted through a comprehensive control office by reporting to the office, and e.g. E. S. S.D.
In the event that the maintenance personnel is dispatched to the history, the operation of a train shall be made by making the Turkey non-exploit register.
Without being cut off, one of the maintenance workers shall open a mixed screen and repair works on the line side.
There is a duty of care to ensure that they do not have any duty of care.
Defendant Kim Jong-hwan on May 28, 2016: around 57 and around 16: 58 screened
The platform and screen fish, even though the comprehensive control team established in the office of the Gu's station has been circulated;
After confirming the field situation and reporting the result to the Electronic Management Office in Seoul, and 17: 45
The point where the light victim enters the mixed service room and confirms the screen disability in the integrated control team;
The victim even though he/she went up to the platform because he/she kept in the custody of Turkey, but went up to the platform;
The call book was not drawn up.
Defendant Cho Young-young was the chief of the Gu's office, and he had such duty of care.
On May 28, 2016: around 58: Around 58, 2016, the term “Gu’s reverse screen screen from the general control office” entry into the train by the Gu.
'A' which is open even during the process of being notified 'A' and on May 28, 2016 : 57 and 16: 58 screen strawers disability.
Under the circumstances, the platform and the platform even if the comprehensive control team established in the office of the Gu has been circulated; and
The site status of screen air shall be verified and the results thereof shall not be reported to the Electronic Management Office of Seoul Metropolitan Government.
At around 17: 45, the victim entered the mixed service room and screened from the integrated control team.
Having gone on the platform by taking out Turkey while confirming the point and keeping Turkey; and they have gone to the platform;
The Turkey did not require the seamen to prepare the Turkey's non-explication register.
2) Summary of the Defendants’ assertion
A) Defendant Kim Jong-hwan
It was known that the victim was engaged in daily inspection, and the victim was screened.
Since it could not be known that the Defendant was engaged in the work on the track for repair of the breakdown, the Defendant’s negligence or avoid
No causal relationship can be recognized between the death of the perpetrator.
B) Defendant Cho Young-young
If a notice of disability occurrence is given from a comprehensive control facility in Seoul, the site shall be confirmed or the site shall be confirmed.
It is difficult to view that there is a duty to take measures, such as reporting to the electronic operation office, and to the general public office.
On the other hand, the train operation adjustment is not done by reporting the results of confirming the disability situation.
It can be seen that there is a duty of care to regulate the operation of trains by Defendant 1.
In addition, since the subject of the management and supervision of the E-Turkey's non-exploiting ledger is an electronic office, the defendant is a victim.
shall not be deemed to have an obligation to prepare the Turkey’s non-exploitation ledger, and such a State shall
There is no causal relationship between the non-violation and the death of the victim.
3) Determination
According to the "Act on Action Action at Emergency Response SPS in the Business Sector", the head of the General Control Office shall be the head of the Office of Services.
In case of notice of difficulties, the staff of the service office shall ascertain the situation and report or open obstacles to the electronic operation office.
Due care shall be exercised to install light bars at the time of poor or closed power failure or to assign safety personnel to the time of arrival of the maintenance center.
the first investigation record (No. 531 pages). However, such a duty is a screen impairment per se.
The work of the staff of the service office to prevent or eliminate the risk caused by the occurrence of the
The purpose is to prevent risks resulting from a new occurrence in the course of the work by sending back the maintenance worker to the workplace.
The accident in this case is not a duty. The risk of the occurrence of the occurrence of a screen impairment per se is not a reality.
A new life due to the work of repairing scraped fish by itself, not an accident caused by fire;
Since the accident is caused by danger, the Defendants’ disability status in relation to the instant accident
In other words, even if the Defendants did not confirm the occurrence of the instant accident, the Defendants
There is a breach of duty, or there is a substantial causal relationship between the fault of the Defendants and the death of the victim.
It cannot be viewed that there is no reason to view.
According to the records, the management entity of the Turkey's storage on the management of Turkey shall:
(2) The second investigation records No. 288), the failure to take such special safety measures
As seen earlier, the Defendants who did not participate in the establishment of such special safety measures;
The prosecutor cannot be found to the reason that he/she conducted duties in accordance with the special safety measures. Thus, the prosecutor is not guilty.
The evidence alone submitted to the Defendants alone is between negligence and the occurrence of the instant accident.
The causal relationship cannot be recognized.
B. Defendant Lee Jae-young and Kim Sung-sung
1) Summary of the facts charged
A) Part of failure to conduct emergency recovery training, inspection, etc.
Defendant Lee Jae-in shall be conducted in accordance with the aforementioned special safety measures enforced on November 2015.
the average monthly of the emergency recovery training ( twice a year), the confirmation and inspection of the education and training activities of EPD;
Joints in which employees are present at night at the time of night inspection by screen 10 screeners for 10 disabled renals;
Inspection, 2-1 On-the-spot Inspection, etc. to confirm whether the work is carried out, and the respondent has not partially carried out
senior Kim Sung-sung shall not manage and supervise whether the above matters are faithfully implemented.
was.
B) Part of the false entry instruction (Defendant Kim Sung-chul)
Defendant Kim Sung-sung, through its employees around August 29, 2015 and September 16, 2015, 2015
'Work' prepared after performing repair works, etc. for screen air to Escifers.
In the letter, the author instructed 2 of the unconditional to write it as working.
2) Summary of the Defendants’ assertion
Defendants provided training or inspection as stated in this part of the facts charged, and Defendant Kim Kim
The fact that the sexual iron orders the APD maintenance officer to make a false statement of the ‘work confirmation';
(2).
3) Determination
A) Part of failure to conduct emergency recovery training, inspection, etc.
According to the records, the emergency restoration against EsPD around December 2015 by Defendant EsPD
Training has been conducted, and on April 2016, the emergency recovery training of Jinmancom, which was scheduled to be conducted around the time, shall be postponed.
L. 6. 6. 2016 (No. 1 investigation records 7005 pages), Myeonk Hong, the chief of the electronic office, etc.
9. From May 2016 to education and training activities, such as safety education of EPD and fire prevention education.
In conducting confirmation and inspection, an employee of the platform safety question management team who prepared a "inspection table on the performance of the service";
A. Part of A.S. employees on January 18, 2016, 2016, February 26, 2016, 2016, March 18, 2016, and March 24, 2016.
After on-site inspection of history, the fact that the "on-site inspection table of platform safety" is prepared (in-depth investigation records 7034 to 7034.
7038) At a non-regular site between November 2015 and May 2016, employees of platform safety supervision teams.
B. The fact that 44 times has been examined as to whether or not work as one group is carried out by two persons (Investigation records 7041
The evidence submitted by the prosecutor is only the evidence, according to the above facts of recognition.
The Defendants did not perform part of the training or examination as stated in the facts charged.
and there is no other evidence to prove it.
B) Part of the false entry instruction (Defendant Kim Sung-chul)
The evidence that corresponds to the facts charged is that two persons work under the direction of the electronic operating office.
- The statements of the police officer of the Jeon Man-hee and the instructions of the head of the Kim Sung-chul team to the effect that such statements were made;
there are data on the electronic operating office and the transfer and takeover of the electronic management office described in the "measures to be taken by the person taking the action", and
Defendant Kim Sung-chul has made all the real names of workers working under Article 2-1, and only one author.
The reason that it did not purport to state that 2 persons engaged in a false job even though she engaged in the job was changed.
C. The instruction of the prosecutor to make a false entry from the defendant Kim Sung-chul in this court, and the stronger about this.
E. A statement that he/she did not have received, and E.S. was a worker at the status of E.S. technical business office
bb) the purport that the work has been carried out by two persons in this Court and the name has also been written;
and 1 from the side of the Seoul Meart in this Court, Mazkn, Mazn and Mazn and 1
not receiving orders to make false statements as if they were engaged in 2 or more operations;
The statement is made to the effect that it is not well memory or memory. In addition, the entries of the above transfer file are written.
there is room to understand to the effect that work workers should be accurately described, and one person in the special safety measures
It is stated that two persons had engaged in all false operations while distinguishing between the business and two;
on October 3, 2015, it is difficult to find out a special reason to instruct you, and actually work on the part of the track.
circumstances in which there are working certificates written by one person as working (No. 1 investigation records 1574 pages)
In light of the facts, all of the defendant Kim Sung-sung's work confirmations to find out the number of workers.
In spite of the instruction to the effect that it was stated, it is deemed that A.S. was erroneous on the part of A.S.
There is room for reasonable consideration.
C. Defendant Kim Sung-hwan
1) Summary of the facts charged
Defendant Kim Sung-mup, from October 27, 2014, worked as the Director of the Technology Headquarters in Seoul Matro from October 27, 2014.
At the same time, he/she was in charge of electronic, information and communication, signal management, etc., and around May 2015, Seoul Matro and Catro around 2015:
SPD's role in drafting the terms of the service contract between SPD and the accident between Gangnam Station, and around November 2015 after the accident between Gangnam Station.
Along on January 2016, 2016, Es. Es. Es. Es. Es. Es. Es. C. C.
A person who is in charge of the role of proposing the plan had such duty of care as above.
Nevertheless, on January 2016, 2016, 28 U.S. maintenance personnel of APD as above.
The head of the Seoul metro Safety Management Headquarters, the full number of the defendants and the Seoul metro, who requested and accepted the request of human resources source.
in the process of examining the plan for the personnel of the maintenance personnel in accordance with the direction of the president’s Lee Jong-soo;
Design modification to revise the calculation of human resources under the existing service contract pursuant to Article 74 of the Enforcement Decree of the Protection Contract Act;
through 2-1 increase of 28 human resources necessary for conducting 2-1
17. Increase only by 17.00, and the establishment of a 's check team' to take full charge of licensing inspections in E.S. S.D.
8 of the aforesaid 17 persons whose terms and conditions of contract have been modified to increase, shall be placed to the inspection team at the newly established center.
As a result, the number of maintenance workers dispatched to the scene where the actual screen has occurred shall be increased by 9.
2.2 person 1's work is so excessive that the situation in which it is difficult to carry out the work actually continues; and
At the same time, the terms and conditions of "the dispatch within one hour upon receipt of the report of disability", and "the completion of repair within 24 hours" are the guidance.
It made it more difficult to conduct two-person 1's work.
2) Summary of Defendant Kim Sung-hwan’s assertion
At the time, the maintenance personnel of APD had sufficient number of employees to work in 2 man1, and lectures;
After the accident in the South Korean Peninsula, ISD's request was reflected as much as possible, but the plan was prepared to increase human resources.
In the end, 17 human resources have been increased by being pointed out by the Ministry of Finance and Economy, etc., one hour after the report.
It can be seen that the continuous maintenance of the terms of the contract, such as dispatch within 24 hours and completion of repair, is strict.
Since there is no reason to believe that negligence cannot be recognized.
3) Determination on the insufficient portion of the increase in human resources
A) Organization of issues
The victim is a maintenance worker of the Gangnam-do branch of the J. S. S.D. on the day of the accident.
They shall be called to the field as the Gu's station, and after completion of repair, they shall immediately be called to the Gu's 4-ro basin.
In the light of the criminal conduct at the time of the accident of the victim, etc., the maintenance personnel of the weekly A shall be two persons;
It is evident that there was a substantial shortage of personnel in the weeklyA. The following lack of personnel under the weeklyA:
The causes of this case shall be divided into individual and structural factors.
B) Reason for shortage of human resources
(1) Individual factors ( without permission of new O's house)
(a) The manner of service under the weeklyA; and
Week A where the injured party was a victim is composed of 11 persons in total, and a person on holidays and vacations.
Unless there are 4 to 5 persons, 6 to 7 persons shall normally work from 00 to 22:0. The mechanic shall be elected respectively.
Ro one person, each of whom is comprised of four persons (one subway, one to four subway lines), and the remaining mechanics, each of which appears to be a preliminary group.
2-1 workers assigned to each mutual election while waiting or waiting at a flood site
one request for support shall be called up and supported, and the maintenance workers assigned to each member shall work;
at the time of entry of a disability report, the report has been served in a way that enters the preliminary list (Fraud).
Appendix 7150 pages, No. 1 investigation records 901 pages), and contact such as dispatch instructions shall be held by smartphone-sponsors.
the first investigation record (829 pages).
(B) May 22, 2000 days prior to the accident, 5. 22. Work status of Sundays (seven-person work, Banbing content) 16
A person shall be appointed.
A person shall be appointed.
In light of the dialogue between the above Switzerland, the occurrence of disability by the head of the Sundays vice-head on May 22, 2016
(1) If the members of the team report to the members of the group, the members of the maintenance or preliminary group in charge shall be elected and appointed.
and the fact that two or more works have been carried out.
(C) the movement of the Newly located office on the day of the accident.
A person working on the day of an accident shall be new O's home, expression, e.g., e. (1 lines), e.g., KimO-mail (2 lines, victims);
Kim Jong-dae (No. 3) and Kim Jong-dae (No. 4). New O's on the day of the accident 12:0 :00 :0 :00 :00 :00 : 30,000
C. 14:0 to 16:30 Seoul, without reporting the head of the team or the head of the Gangnambuk branch;
At 16: He/she has attended a union meeting suitable for viewing to take over the situation again to the office at around 30 30 ;
Around that time, the victim moved to the place of assembly. New Housing is called after receiving the Gu's reverse disability.
16: 58 Does not have been in the office, and therefore, there is an inevitable presentation that had to work as a preliminary officer.
work on behalf of the head of the office in order to receive a disability and instruct the dispatch.
investigation records (15 pages, No. 1 investigation records, No. 2360 pages). For this reason, she enters a diving office
A victim who was under his command was called up to the Mixed Gu's station, and was a worker at the time of such call.
If the police does not take the place, the victim would have come together with the police.
He stated that he was the first investigation record (2361 pages 2361 of the investigation record). NewO's home is at the assembly site of this case's death death.
18:15 to 18: 15: or 30: Return to the office (an investigation) after the occurrence of the accident.
Records 7159 pages, 1 investigation records 2360 pages)
As such, the unauthorized Round caused the shortage of employees on the day of the accident.
However, even if the new O's workplace was properly worked, the number of employees is only six, and the second 2-1 dispatch is called.
The number of nine members who are always eligible (2 members for each election and one working person for the situation) was not available, and this officer
At the time of the accident, it can be deemed that the victim was demoted to work due to lack of human resources due to a lot of disability acceptance.
Since there is a high room, we examine structural factors causing shortage of human resources.
(2) structural factors (in the absence of maintenance personnel due to APS reasons on the part of APD)
(a) false reports of maintenance personnel and unfair receipt of wages;
SPD shall provide subway signal to other business sections, which are unrelated to screen air.
A contract date for the increase in the number of persons engaged in the business of managing the facility, the date of the change in the number of persons
On January 8, 2016, a new order was issued on January 8, 201 to the technical office of the APS screen maintenance business.
false personnel records, and on January 12, 2016, report on changes in the number of personnel to Seoul metro.
In addition, the above type of iron and Kim Jong-soo were not actually screened until May 2016, even though they were not screened and maintained.
It was included in the 142 increased number of maintenance personnel. Accordingly, in fact, screeners were included in such increased number of maintenance personnel.
There is a shortage of human resources in maintenance (the first investigation record 2637, 5414, 6197 to 6211).
In addition, A.I.D. A.I.D. A.I.D. A.I.D. management directors do not substantially perform their duties.
The payment of benefits was made unfairly (531 pages 5531 of the first investigation record), and the defendant's second offense was not made under this law.
Since there was an increase in the number of 17 persons from Seoul Matro only, the employment of additional maintenance personnel.
A statement to the effect that it cannot be found, but as seen earlier, APED Seoul
A person who is not a maintenance personnel is reported to a camera as a maintenance personnel.
In addition, the service contract of this case is the total contract, but the Seoul Qatro calculates the increase in the down payment.
(3), 225, 000 won per month of the unit price for labor costs to the newly increased number of personnel;
As such, (1310 pages) Ess. Es. S.D. in excess of this in economic aspect.
It seems that it is not impossible to employ a number of maintenance workers. If it is possible to employ a number of maintenance workers, e.g. E. S.D.
The down payment increased by KRW 3,225,000 per month of the unit price of labor cost from Seoul Matro shall be received and actually received.
employment of the maintenance personnel whose monthly wage is below it, the maintenance personnel increased from the Seoul Mat to the extent that they are employed.
As the profit increases in proportion to the increase, ISD’s position is acceptable as it is.
There are difficult aspects.
(b)Organizational structure and personnel formation;
Jinculcom, which maintains and manages the Gangnam Scopic scrap, etc., shall separate the technical place from each other.
Although the road is not operated, SPD operates technical offices. As seen earlier, SPD operates technical offices.
In light of the fact that it was issued as a technical business office by Cho Jong-chul, which was a nominal maintenance personnel, and Kim Jong-chul,
It is reasonable to reduce the number of technical offices and expand the working party's maintenance personnel;
At the same time, Es.S.D. also has room for a weekly work group at the beginning, one head of the team, one vice-head of the team, and the present one.
An average of 5 to 6 persons a day, who work for 14 persons in total from 9:0 am to 18:00 am;
Even on the leave of absence, the actual number of employees was 10 to 11, and 2-1 to 5.
on May 2015, under the service contract, the day-time team shall be replaced by two different operating methods.
At the same time, 11 persons per man are organized, and the average 6 - 7 persons per man shall work for 2 persons except for non-regular workers.
In addition, Article 1 is very difficult to work.
C) Determination as to the negligence or causation of Defendant Kim Sung-hwan
Seoul Qro, at the beginning of the record, 1.29 persons per calendar at the time of the contract in 2015.
the number of 125 inspectors who designed the required human resources, but August 29, 2015.
After the Gangnam-gu accident, EsPdi caused the shortage of human resources by EsPdi, and it is inside Seoul metro.
The fixed number of the defendants by the chief of the former Management Headquarters for the work of Article 2-1 of the former Management Headquarters around September 2015, 2015
1. Recommendation to the president of the Seoul Meart for a plan to increase 58 persons (the level of so-called "satiscocom") and 28 persons;
Desired to expand human resources (2 investigation records 7783 pages). After that, the Seoul Matro Facility Office:
A proposal for special safety measures to ensure the increase of 28 human resources on October 15, 2015
The first investigation record (196 pages) and the Park Jong-sung, a EsPdi employee, on October 20, 2015, the proposal
2. 2.2 '8 ' were employed on the day before the increase in the number of mobilization of 2.00 ' were made' against the project operator who is a draftr.
Three "three persons" for simple service, four night-time-time-time-dong teams, six "six persons" for technical branch offices, seven "resident cleaning team", and 28 persons in total.
In addition, the e-mail was sent (Evidence 5 No. 5 submitted on March 30, 2018).
The draft of the above measure is changed in the internal resolution process, and eventually, on November 5, 2015, Article 2-1
8 persons under the name of the human resources for maintenance for mobilization and for change in the inspection cycle of obstacles;
14 Special safety measures to increase the total number of 22 persons were prepared (No. 269 pages of the First Investigation Records), Seoul
on November 27, 2015, 2015 8 persons for the work of Article 2-1 and check of obstacles.
A change in the contract to increase the number of technical personnel to be increased by 13 additional personnel and 21 in total following a change in the term;
The proposal was prepared and requested to review the draft contract amendment to the Seoul metro Financial Contract Agency (the first investigation record)
410 pages 410), Seoul metro Financial Contract Office on November 30, 2015, the Ministry of Finance and Economy
A. SPD must put more than two persons into all operations. The phrase “SPD” is specified.
Therefore, two persons (eight persons) for the work of Article 2-1 of the terms of the term contract were not suitable for the answer.
C. (No. 1 investigation records 419 pages) The facilities in Seoul Matro shall be installed on December 31, 2015; injury to a decrease in disability;
17 persons under the pretext of changing the frequency of checking the condition of action by the obstacle inspection center and slot trading;
The plan for efficient management of the service company desired was prepared (765 pages 765 of the first investigation records) and accordingly Seoul
Meart: 8 January 8, 2016: 8,483, 500, 00 won from 8,969, 722,075 won at the initial 8, 483, 500, 00
486, 222,075 won (in case of an increase in number, 3,225,00 won (in case of an increase in number, 1310 pages) increased per person’s labor cost.
the first investigation record (1307 pages 1307).
Modern Doz. Doz. Doz. Doz. Doz. Doz. Doz. Doz. Doz.
The victim is in short of human resources due to the inappropriate nature of human resources reporting or organizational structure and human resources formation.
There is room for reasonable deliberation to consider that he/she was unable to work as two persons in the Gu's station of the case
(c) In addition, on October 20, 2015, e.g., e., e., e.s. SPD employees: two increased number of employees called e.g., Seoul Metro.
The person requested eight e-mail to work in the previous week, and the maximum in the Seoul metro facility headquarters.
In order to secure the number of personnel, however, a request to increase the number of personnel was made, but the contents of the contract are subject to this.
As long as the number of maintenance personnel has increased by 17 persons under other names, it shall be reasonable for Defendant Kim Sung-hwan.
There is room to view that the prosecutor fulfilled his duty of care. Accordingly, the evidence alone submitted by the prosecutor is sufficient.
Defendant Kim Sung-mick's negligence or the occurrence of the result are not sufficient to recognize the causal relationship, month.
there is no evidence to prove this.
4) Determination as to the maintenance of the terms and conditions of a contract, such as a dispatch within one hour, or a completion of repair within twenty-four hours.
The above contract terms have been maintained since the 2011 contract terms in the beginning, the records of which were kept.
As seen earlier, as Defendant Kim Sung-hwan was composed of 17 human resources.
The defendant, who is the head of the Safety Management Headquarters, is difficult to consider the reason to delete the above conditions specifically.
Since the authorized number of persons has a safety problem against Ess. S.D, it must be called up within one hour.
In the absence of necessity, the delay in the dispatch of the disability due to screen screen shall be limited to the safety accident of citizens, such as the decline of passengers, etc.
In light of the fact that there are some aspects of public interest because they can be directly determined:
The evidence submitted by the prosecutor alone is insufficient to recognize this part of the negligence of the defendant Kim Sung-hwan.
D. Defendant’s maximum salary class
1) Determination on the insufficient portion of the increase in human resources
The summary and determination of the facts charged in this part of the facts charged are as to the above part of the defendant Kim Sung-hwan.
same as this section.
2) Determination on the part of the system for collecting the status of disability
A) Summary of this part of the facts charged
In Seoul metro, a safety engineer during the repair work after the occurrence of an accident in the said Gangnam Station.
Recognizing that high-priced recurrence is highly likely, a person who operates scrapers and trains as above;
screen to supplement the absence of a comprehensive control system connected to the Dong.
The "Collection System on the Status of Disabilities" was installed in the Electronic Operation Office affiliated with the Technical Headquarters Electronic Office.
However, the defendant's maximum salary does not deliver the operating guidelines for the above system facilities to the electronic operating office.
J. The foregoing system facilities were neglected to the extent that they were not connected with the 63 stations among the 120 stations.
In addition, it did not designate a person in charge of the above system facilities and did not utilize it.
B) Determination
In other words, the following circumstances recognized by the record, i.e., enforcement of the Organization Regulations
Article 5(2) of the Regulations to establish an integrated management system for the efficient performance of the present affairs and the establishment of the integrated management system.
The head of the current business place shall operate and manage the facility in an integrated manner (the second investigation record 554).
m) 2.2 'The part of the technology 12. A. 27. 'the part of the technology 'the pre-determination of the present business delegation agreement', 2.3 'the Seoul Mmert' (attached Table 3)
According to Section B, ‘important matters' such as the establishment of the basic policy for the improvement of ‘facilities' under the subway platform maintenance.
The affairs of the head of the electronic management office or the head of the team shall be prescribed as the matters subject to the prior resolution (the second investigation record 668).
m) In fact, the order company of the present status of the above disability collection system is the order company for the electronic project head at the Seoul metro.
On February 27, 2015, and November 25, 2015, 2015, the request for the disposal of the defect to Franchi, 3 Seoulmer
Typt, the team leader of occupational safety and health, is composed of one place of business for the head office of Seoul Meart.
A business entity shall be composed of 36 units of business, and the electronic office shall be a present business entity.
(2) No. 32 of the investigation record), which is written as the unit place of business of B, and which is written as the facility at the police.
The wife and the electronic office stated that it is not under the direct command system (the second investigation record)
67 pages) and (4) The collection system of the status of the above disability shall be prior to the appointment of the chief of the headquarters.
A report on the current status, etc. of the collection system after the appointment of the highest salary class of the defendant;
under subsection (1) of this section, unless there are special circumstances to deem that the corporation is responsible to manage the
The evidence submitted by the prosecutor alone uses the collection system of the status of the above disability.
It is insufficient to deem that a person has violated a duty of care due to failure to do so, and otherwise, the person;
there is no evidence of determination.
E. Determination as to the negligence of insufficient human resources of the Defendant Quota and the increase in the number of Lee Young-soo
The summary and determination of the facts charged in this part of the facts charged are as follows.
The same shall apply.
2. Violation of the Occupational Safety and Health Act;
A. Defendant Lee Jae-hoon, A.S. Co., Ltd. (the point of violation of Occupational Safety and Health Act)
1) Summary of the facts charged
Defendant Lee Jae-hoon is the representative director of EsPdi, and the employee of EsPdi is inside of the employee of EsP.
It is a person in charge of safety management who exercises overall control over overall health matters.
Cases of repairing and inspecting tramwayss that are likely to cause collisions due to train operation;
any train operator shall be assigned to him/her, and any train during the operation thereof shall be inspected, repaired or out of the train.
(1) In the event of any similar work, the contact, collision, reduction of power, or trend by the train to the worker;
In the event that there is a risk of fall, etc., the operation shall be suspended after the operation of trains is suspended.
(2) before commencing the operation of the train after completion of the inspection, etc.,
The operation shall be resumed after checking the absence of contact risk.
Nevertheless, Defendant Lee Jae-hoon is a victim, who is an employee under his jurisdiction, on May 28, 2016.
17:In light of 55: When performing the repair work of screened fish on the platform of the Seoul subway Station 2:
It caused the death of the victim by failing to comply with this.
Defendant Es. Es. Es.D is a representative director and a person in charge of safety management as above.
On May 28, 2016: around 55, the victim, who is a worker belonging thereto, is on the platform of the Seoul subway 2 Station Station:
In performing repair work for screened fish, failure to perform the obligation to ensure industrial safety; and
The death of the perpetrator was caused by death.
2) Determination
In the case of repair and inspection of a track, "in the case of repair and inspection of a track";
and in the case of inspection and repair of trains or other similar work, it shall be deemed to fall under “the case of inspection and repair”
Therefore, this part of the facts charged is not a crime.
B. Defendant Kim Sung-sung (the violation of the Occupational Safety and Health Act)
1) Summary of the facts charged
The Seoul metro entrusted the maintenance and repair work to SPD as above.
However, through the above service contract, service order, etc., the specific business of APS D's maintenance staff.
The maintenance and display of screen screened by the maintenance workers belonging to EsPD, such as ordering the details and methods of the non-performance;
on the basis of personnel expenses to be paid to A.S. maintenance personnel belonging to E.S. S.D.
A. In the manner of paying the service fees to A.S. E. E. E. E. E. S.D.,
A business that conducts a business by substantially using the APD staff, such as paying gold;
Defendant Kim Sung-sung is the owner and is responsible for the safety management of the operation and management of screened green lines in Seoul Shim-ro.
I are children.
A business owner shall operate a track (including an adjacent track) above or above the track operated by the train.
When danger occurs during the repair, inspection, etc. of related facilities, workers shall safely
It shall be sufficiently able to evacuate the time between trains so that they can be evacuated, and safely evacuated by workers.
The operation of a train shall be conducted after confirming that the space is secured, and the operation of a train shall be conducted.
In the event of inspection and repair of trains or other similar work, they shall be placed on a train.
Trains are likely to occur in the event of risk of contact, collision, electric shock, fall, etc. to the elderly.
operation after the suspension of operation and the commencement of operation after the completion of inspection, etc.
(1) The driver shall, before giving notice to the worker, check that there is no risk of contact and resume the driver's license.
section 23(3).
Nevertheless, Defendant Kim Sung-sung, as seen above, is the Seoul Underground around 55 around May 28, 2016 by the victim.
No repair work shall be performed in the course of repairing a screen on the platform of a steel 2-line platform;
The victim caused the death.
2) Summary of Defendant Kim Sung-sung’s assertion
SPD independently performs the duties of maintenance and repair of screen screeners, and therefore Seoul MPD
Ro may not become the business owner of the above business, and the obligations with respect to the industrial safety described in the facts charged shall be
The author argues that it is applicable only to the case of direct repair and inspection of tracks or trains.
3) Determination
The following circumstances, which are acknowledged by the record, i.e., platform safety:
In accordance with Article 3 of the "Contract for the Entrustment of Maintenance and Management Affairs", inspection, repair, management, etc. of screened fish
Seoul Qro shall perform the necessary matters and pay the service fees pursuant to Article 6 of the above contract.
(2) Article 19 of the above contract independent of management rights, personnel rights, labor management, etc.
shall enter into force, and in fact, the employment, etc. of APD staff members.
The independence of the defendant was secured, such as the performance of the duty, and ③ the defendant's second offense as mentioned above.
The work management, such as making false statements on the children of the Lee Sung-man as an employee of the APD, shall be conducted.
The repair work is performed regardless of the Seoul metro; and 4 APD's maintenance workers called up to repair work.
If it is impossible to repair a person while performing the service, the employee of the APD branch office shall be dispatched to the next time.
, such as accepting a disability, the maintenance and management work of screen screeners under its own responsibility by APD, etc.
and Seoul QU on the organization of the Working Group, its number, working hours, and other detailed matters
There is no circumstance to see that Twits actively participated, and prior to such fact, the Doster on the Doster.
In full view of the work instructions and work contents known by the prosecutor, the evidence alone submitted by the prosecutor is alone.
It is insufficient to view that there was a substantial employment relationship between the Seoul metro and the victim, and otherwise, this is insufficient.
there is no evidence to prove that there is no such evidence.
3. Conclusion
Then, Defendant Kim-hwan, Cho Young-ju, Lee Young-young, Kim Sung-sung, Kim Sung-sung, the highest string, the fixed number of personnel, and the fixed number of personnel.
Of the facts charged as to each of the above occupational negligence and the facts charged in the instant case, Defendant Kim Sung-chul
The violation of the Occupational Safety and Health Act constitutes a case where there is no proof of the crime.
Pursuant to the latter part of Article 325 of the Litigation Act, the above defendants shall be acquitted.
of this chapter. However, in respect of the fixed number of personnel, defendant Kim Jong-ju, Cho Young-ju, Lee Jong-young, Kim Sung-sung, Kim Jong-young, Lee Jong-young
In the case of a single crime, as long as the defendant is found guilty of a crime of occupational injury or death.
Defendant, without a separate verdict of innocence, among the facts charged in this case, Kim Sung-mar, the highest rank, and the Defendant
In the case of violation of the Occupational Safety and Health Act, the defendant is not guilty, and the public prosecution of this case is not guilty.
Defendant Lee Jae-hoon and violation of the Occupational Safety and Health Act against EsPD in the office constitutes a crime.
Thus, not guilty should be pronounced pursuant to the former part of Article 325 of the Criminal Procedure Act, but it is a single crime.
To the extent that the indictment is found guilty of violating the Occupational Safety and Health Act as to the above Defendants:
No innocence shall be separately pronounced in the text, and the acquittal shall be made in accordance with Article 58 (2) of the Criminal Act.
disclosure of the summary of the part.
Public prosecution rejection portion (Defendant Seoul metro)
1. Summary of the facts charged
Defendant Matro, as above, is the person in charge of safety management, Kim Sung-sung on May 28, 2016: around 55:
In the event that a sear engages in repairing works for screen fish on the platform of the Seoul subway station 2-line Seoul subway station;
The victim did not fulfill his duty of occupational safety and caused the death of the victim.
2. Determination
In the event of a merger of companies, the relationship between private law and public law
In principle, all of them shall be succeeded to the surviving company due to the merger, but their nature
not allowing the transfer should be excluded from the subject of succession, and shall be subject to joint penal provisions.
The punishment of a corporation is only a kind of punishment, which is an administrative sanction or civil unlawful act.
Unlike the above liability, Article 328 of the Criminal Procedure Act does not exist by a corporation which is the defendant.
'At the time of such decision', the criminal liability is not succeeded to as the reason for the decision to dismiss the public prosecution.
In light of the fact that the merger is based on the premise that the merger is not due, the merger is extinguished.
criminal liability borne by a corporation for an unlawful act of its employee, etc., in accordance with joint penal provisions,
The transfer of quality is not permitted and shall not be succeeded to a corporation surviving a merger.
Supreme Court Decision 2005Do4471 Decided August 23, 2007) Meanwhile, Article 57-2 of the Local Public Enterprises Act
The corporation is defined as dissolution (merger) under Article 517 of the Commercial Code.
According to the records, the establishment and operation of the local public enterprises and 'Seoul Mart' by Defendant Seoul Mart
The Seoul Special Metropolitan City subway 1, 2, 3, and 4 shall be established pursuant to the "Ordinance on the Construction, Operation, etc. of Passenger Ships" and shall be the company.
The purpose of business is the facts of the public corporation, and the defendant Seoul Matro after the prosecution of this case
, May 31, 2017, Seoul Urban Railroad Corporation established and dissolved after its merger with Seoul Urban Railroad Corporation.
on June 1, 2017, the fact that the registration has been closed may be recognized.
In light of the above legal principles, the above facts of recognition were established on May 31, 2017.
A corporation shall not continue to exist due to dissolution of a merger, and a corporation extinguished due to a merger
criminal liability that has been borne by such employee's illegal act in accordance with the joint penal provisions shall, in its nature, be
inasmuch as the foregoing does not permit any transfer and does not succeed to a corporation surviving a merger;
In accordance with Article 328(1)2 of the Criminal Procedure Act, the public prosecution of this case against the above defendant
each subparagraph.
Judges
Judges Cho Jae-in
Note tin
1) The facts charged are indicated as the "Electronic Office of Technical Headquarters Facilities", but attached Table 1 of the Seoul Qart Organization Regulation 1 of Seoul East District Prosecutors' Office (Seoul East District Prosecutors' Office 2016)
46989 (hereinafter referred to as "second investigation record") 2276 pages 2276) and Seoul metro, Article V(2) (2) of the Regulations on the Organization of Organization (2 investigation record 554 pages 554), Gu calendars
In the case of accident investigation report in Seoul Eastern District Prosecutors' Office (hereinafter "First Investigation Records") No. 46611(hereinafter "the first Investigation Records") 5812(hereinafter "the first Investigation Records") in 2016, the Technical Headquarters electronic
(2) The correction shall be made in the place of business.
2) The indictment is written as ‘a condition unfavorable to A.S. E. S.D.’, but only the content of the foregoing clause itself is in itself to determine whether the contract is a kind of disadvantage or disadvantage.
Since it is insufficient and only the content of the above provision is indirectly related to criminal facts, ‘A' portion unfavorable to A.S.D. is deleted.
3) On August 29, 2015, the shares of which is the right to operate and manage the screen of 24 subway stations from among the subway stations operated by the Seoul Meart in the Gangnam Station of subway 2015.
G. The maintenance personnel affiliated with Jinjincom (hereinafter referred to as "Jinjincom") entered the track while being mixed with the maintenance work on the track by screening the screen.
It is an accident of death due to collision with electric vehicles.
4) A lawsuit is brought to the Seoul Central District Court 2017 Ghana 5027153 case, as a dispute over whether to agree to increase the number of deficient personnel
Since it has reached the following, the full number of the defendants stated in the indictment and the full number of the defendants assigned to the president at the time of the Seoul metro, was deleted.
of this section.
5) At the time of the occurrence of the instant accident, six disability reports were received for 54 minutes, and 70% of these reports were submitted, and on the part of the track, as obstacles to foreign substances (2 man1).
Work) constitutes this necessary disability.
6) If the service office controls and manages Turkey, the service office serving in the service office shall be called up to two Turkey and called up to two Turkey.
It is possible to confirm whether or not the operation of the track is done by opening the screen and screen air, and one mechanic uses Maz.
It may open clean language and prevent the work from being performed.
7) It can be predicted that if a measure such as an increase in the number of the charges is not taken, the accident, such as the Gangnam River Accident, will occur again.
As seen below, “The portion” is deleted from criminal facts so long as it is found not guilty of the portion concerning the increase in the maintenance personnel.
8) Of the facts charged, the condition that there is a shortage of manpower necessary to carry out repair works under Article 2-1, among the manpower required to carry out repair works, and therefore two-person1 workings have not been carried out.
Around January 8, 2016, at least 28 persons necessary for conducting 2-1 operations as above, and at least 17 persons, who are aware of the fact that there is no need to do so.
In order to increase human resources, the Seoul metro and the Maintenanceman contract was concluded to increase the number of human resources, and the portion as seen below is as follows.
As long as the part concerning the offense is judged not guilty, it shall be deleted from the facts constituting the offense.
19) To correct “B” as “B” the date of application for historical work (No. 369 pages of the First Investigation Records).
10) The screen fish management system of the Seoul Metropolitan City Urban Railroad Corporation is in the form in which the status of screen operation is connected with the comprehensive control system.
At the time of opening the Do-dong, the train is set up to prevent entry into the relevant history.
11) “The Report on Work and Receipt of Notice on Platform Safety Line” shall be corrected (No. 2 investigation records 2137 pages).
12) To correct “the receipt register of failure” (the second investigation record 1943 pages).
13) The facts charged are stated as "after the occurrence of an accident in the Gangnam River basin," but the system is installed after the accident in the Sung River area on January 19, 2013.
- be deleted from the facts of the offense.
14) Correction of the facts charged on May 23, 2015’s “Seoul” will be made.
15) The criminal facts of this case are related to the duty to take safety measures according to the "working method" and do not constitute a violation of Article 23 (2). However, the applicable law in the indictment is written.
Article 23, Paragraph 1 of Article 23 provides for a law on the obligation to take safety measures pursuant to "the cause of danger", and the specific draft of the facts charged itself.
In light of the contents of "Rules on the Electrical Health", this is merely deemed to be a clerical error based on mistake, and there is no influence on the defendants' exercise of their right to defense.
Paragraph 1 of Article 23 is amended ex officio as Paragraph 2 of Article 23.
16) On May 21, 2016, May 21, 2016, the first investigation record 847-849, the first investigation record of which was 847-849. The total of seven persons, including the victim, worked on Saturdays (on May 21, 16).
Since the victim's cell phone change is omitted in the wing room due to the victim's cell phone change, the victim's cell phone is adjacent to the victim's 5.22.
17) In the indictment, Article 37 and Article 38 of the Criminal Code are stated in the indictment, and at the same time, there is no entry in the facts charged, and the statement in the text of the judgment is made.
Since it seems to be correct, it is deemed to be prosecuted for concurrent crimes.