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(영문) 부산지방법원 2018.05.30 2018고정62
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is not only a direct installation work at the site of a signboard signboard construction on the fourth floor of the 4th floor of Busan Jin-gu B, Busan, but also a person responsible for the overall direction and supervision of the above construction work.

On March 17, 2017, at the above construction site around 07:30, the Defendant was engaged in the installation of a signboard with the victim E (49 years old) while boarding a boomr operated by D, and thus, there was a risk that the boarding box or the vehicle might be seriously shaken.

In such cases, the defendant, who is the general manager of the construction, has a duty of care to ensure that the fixed support of the string vehicle has been well installed for the safety of workers, and that the defendant has a duty of care to have the workers wear the safety equipment, such as safety caps, safety belts, work reduction, etc. in order to prepare for safety accidents, such as the fall prevention.

Nevertheless, the Defendant neglected this and failed to attach two fixed support units to the ground, and the Defendant did not take measures to ensure safety equipment while the victim was carrying out work at all, but failed to take such measures and did not properly fix the above vehicle on the ground due to occupational negligence, which led the victim to fall down to the ground.

After all, the defendant caused the victim by negligence in the course of business to suffer approximately seven weeks of the bones of elbows in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the defendant, the police against D, and the interrogation of suspect by the prosecution;

1. Statement made by the police for E;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report internal investigation (for attaching medical certificates submitted by victim E);

1. Article 268 of the Criminal Act applicable to the crimes and Article 268 of the Selection of Punishment Act;

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

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

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