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(영문) 대구지방법원 2018.08.10 2018고단2251
업무상과실치사등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of the steel structure manufacturing chain C in Gyeongsan-si, who is a person in charge of the employment, use, direction and supervision of work, safety management.

At around 14:00 on June 29, 2017, the Defendant ordered the victim D (66 cm) (the victim), who was a person who works for daily work at the headquarters of the above C Factory, to perform an operations for reinforcement of the beam, which is about 3 meters in length and about 180km in weight, and the victim got off the H beam “H beam”, which is arranged in the form of “n” using the tool of “n” for melting.

In such cases, a business owner has a duty of care to require employees to wear safety caps in order to prevent the danger of radiation, to prepare a work plan containing safety measures to prevent danger in handling heavy objects, to inform workers of the contents of the work plan, and to designate a conductor to work in accordance with the work plan.

Nevertheless, the Defendant, without preparing the work plan or designating the conductor, used the “Hak” alone by the victim, who did not wear the safety appearance, caused the h beam beam to work on the h’s own surface in the form of “H”, thereby having the h beam beamline not entirely lying, re-established by the hn beam, and caused the knife of the “Hak” connected thereto to the nife and shock the victim’s head.

Accordingly, the Defendant did not take necessary measures to prevent risks due to the handling of machinery, apparatus, equipment, and heavy objects, and caused the victim’s death by thrings of dubs in the course of being treated at the Daegu Yong-Nam University Hospital on July 3, 2017, and by dypical cerebral cerebral cerebral cerebral typosis, and dypical typosis.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A death diagnosis report or postmortem report (a copy);

1. A report on the occurrence of a serious accident (manufacturing business) and a written opinion on the accident investigation;

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