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(영문) 울산지방법원 2020.11.26 2019노1422
업무상과실치상
Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

A. Although the accident of misunderstanding of facts and misunderstanding of legal principles occurred entirely by co-defendant B’s negligence, it is unreasonable to recognize the Defendant’s joint principal liability for committing a crime. Specifically, the Defendant is the victim E (hereinafter “E”).

(ii) the installation of a consortium (hereinafter referred to as “instant work”).

The victim did not instruct Eul to assist the work of this case at his own discretion without the direction of the defendant, and the accident occurred, and the victim does not wear the victim even if the safety cap and safety belt were kept in the company warehouse. ③ The fall protection net, etc. must be set up by the contractor E in charge of the work of this case, and therefore, the contractor C (hereinafter referred to as the "C").

(4) The Defendant, who is the head of his factory, is not obliged to establish a chain block under B’s direction before the Defendant was dissolved, but the Defendant was unaware of this, and the Defendant sent the string to the string article without entirely recognizing the fact that the victim might fall if the string was driven, and it cannot be said that there was occupational negligence. 2) The sentence of the lower court on unreasonable sentencing is too unreasonable because the Defendant’s punishment is too unreasonable.

B. Defendant B 1 mistake of facts and misapprehension of legal principles ① The instant work ought to be conducted by the Defendant, who is an employee of E, who is the contractor, but the victim, who is an employee of the contractor, was involved in the accident without permission and in net ceremony, so there is no obligation for the Defendant to take safety measures against the victim.

(2) Dismantling of chain block is not the last work after the completion of all kinds of works, and the defendant must delay dismantling of chain block in order to expect the victim to go up to the control belt without permission and prevent the fall.

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