logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2012.05.31 2011고정727
업무상과실치상
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the representative director of (ju)D.

The defendant is a person who has given a subcontract for construction works of F golf course constructed in the Hongcheon-gun Ethical Ireland and has overall control over the direction, supervision, etc. of the work.

On October 11, 2010, the Defendant: (a) around 10:00, at the construction site of the golf course in the Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, the Defendant had a duty of care to ensure that, if he had been engaged in dump work, the Defendant would have been engaged in dump work in the field of the construction site of the golf course at the Hancheon-gun, Hongcheon-gun, Skncheon-gun, and would have a risk of being transferred to dump vehicles, etc. when dump vehicles, etc. perform dump work due to the unrest and unstable ground.

Nevertheless, the Defendant neglected to do so and caused the injury of the dump trucks during the treatment period due to its shock, etc., when the victim G (52 years of age) was engaged in a fump truck without signaling water at a place where the ground is unstable due to H dump trucks.

2. The occupational negligence referred to in the crime of injury by occupational negligence refers to the case where the occupational negligence did not perform the specific and direct duty of care in relation to the work even though it could have been able to do so.

Therefore, it was examined whether the Defendant, before the dump work using a dump vehicle, performed the ground in the construction site of this case and performed a specific and direct duty of care to ensure that the dump work should be performed at a dump site by placing signal numbers, and according to the evidence submitted by the Prosecutor, D) received a subcontract for the construction site of this case, and the Defendant may recognize the fact that he is the representative director of the said company, but (i) D) D’s management and supervision of the construction site of this case was in exclusive charge of the site, and (ii) D’s appointment as a safety manager of the said site.

arrow