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(영문) 부산지방법원 2014.04.17 2013고정6028
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

D is the head of the field management office belonging to the construction site of the company located in the Republic of Korea in Kimhae-si, and the defendant is the president of the H Construction of the company located in the headquarters in the above Corporation, I is the C is the Crainian of the above H Construction, and the victim C subsidized I's work as an employee of the H Construction.

At around 13:30 on February 26, 2009, I, together with the victim, was engaged in the work of connecting the cat at the end of the screen attached to the cat in the above construction site.

However, there is a risk of accidents caused by the fall of weight of about 2 tons surrounding scraps during the work, so D, I and the defendant have a duty of care to separate cases connected to clers before conducting piracy connection work, thereby preventing accidents in advance.

Nevertheless, I, while carrying out cream work, had the victim connect the cream without separating the cream, and Defendant A and D have the crypted it for prompt work with the knowledge of the working situation.

Such negligence of D, I, and the defendant caused the loss of the victim who did the following work while falling back in the course of the piracy connecting work.

Accordingly, D, I, and the Defendant conspiredd with the above occupational negligence to cause the victim to cut off excellent goods.

Summary of Evidence

1. Partial statement of the defendant (as of the second trial date);

1. Each police interrogation protocol of the accused, I, and D;

1. Statement to C by the police;

1. Application of C Acts and subordinate statutes to the complaint filing statement (including attached documents);

1. Relevant Article 268 of the Criminal Act and Articles 268 and 30 of the Criminal Act concerning criminal facts, and the choice of fines;

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

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

1. The scope of liability for damages under Article 32(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings is not clear.

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