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(영문) 창원지방법원 통영지원 2014.05.09 2014고정36
업무상과실치사
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a worker employed by the E-company affiliated with the E-company that performs removal works of the D Support Center in Gyeongnam-gun C.

At around 09:30 on September 3, 2013, the Defendant removed three sides of a slope room, a toilet wall (11cm, 2.7cm in height, 1.3cm in width) installed on the rooftop of the above D Support Center.

Since there are stairs going up to the second floor, workers' access is frequent, and in the case of removing the wall, the wall may be narrowed between the wall and the floor, so the defendant, who had been engaged in removing the wall, has a duty of care to prevent accidents by removing the wall, after checking whether there is another worker within the radius of the work prior to the removal of the wall.

Nevertheless, the Defendant neglected this and neglected the wall surface of the sloping room two times in the sloping, and exceeded the wall surface, which led to two walls on the right side, and the last wall was used by the victim F(55) who was listed in the stairs of the second floor.

Ultimately, at around 11:46 September 3, 2013, the Defendant caused the death of the victim who was receiving treatment from the H hospital located G in J in J in J in J in J in Jin-si due to the foregoing occupational negligence, such as cage cages and dump shocks caused by waste damage.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. Application of each statute on photographs;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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