(영문) 제주지방법원 2020.02.06 2019노72 | 리걸엔진

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(영문) 제주지방법원 2020.02.06 2019노72

업무상과실치상

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All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts and misunderstanding of legal principles

(C) the instant accident is not the head of the site, but the fall accident described in the facts charged (hereinafter referred to as “the instant accident”).

(2) The sentence imposed by the lower court on Defendant A (including August, year of suspended execution, two years of community service order, and 160 hours of community service order) is too unreasonable, since it was not at the same site at the time of occurrence, it cannot be deemed that Defendant A had a duty of care to prevent the fall of the victim.

B. Defendant B (1) misunderstanding of facts and misunderstanding of legal principles were permanently stationed as a safety manager in another construction site, and only lent only the name of the safety manager at the construction site of this case to the construction site of this case, the Defendant cannot be deemed to have a duty of care as a safety manager. (2) The sentence (7 million won of fine) sentenced by the lower court of unfair sentencing to Defendant B is too unreasonable.

2. Determination

A. Determination of the misapprehension of the legal principles as to Defendant A’s assertion of mistake of facts and misapprehension of the legal principles, the lower court: (a) as follows: (b) around March 2015, the E Co., Ltd., a contractor at the construction site of this case, designated K as a field director and a safety manager under the Occupational Safety and Health Act; (c) designated K as a person in general charge of safety and health around October 2016 in accordance with the corrective order issued by the Administrator of the Gwangju Regional Employment and Labor Agency; (d) posted K as another construction site around December 2016; (e) from around that time until the accident of this case occurred to the time of the instant construction site; (b) Defendant A was designated as a person in charge of civil works at the construction site of this case; and (c) Defendant A was actually engaged in the field director’s duties, such as ordering and supervising the progress of construction work at the construction site; and (c) the victim is employed by the FF Co., Ltd., who is a public works site.

참조조문

-산업안전보건법

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