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(영문) 대전지방법원 천안지원 2016.09.20 2016고단1045
업무상과실치사
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Since 200, the Defendant, as the president of F Co., Ltd., Ltd., in Asia-si, has been engaged in decision-making and work instruction in water supply and sewerage construction, steel reinforced concrete structure construction, etc.

On May 9, 2016, at the H construction site located in Asan City (2km point out of approximately 4.8km section) around 18:55, the Defendant: (a) sold the land in depth within three meters pursuant to a subcontract agreement entered into with Dongbu Construction Co., Ltd. and (b) buried water supply pipes (6m, diameter 1.1m in diameter) and continued to connect the space to V.

Unlike the relocation excavation point, there was a disturbance in the ground while constructing a resort forest parking lot on August 2013, and there was a significant difference between the relocation point and the relocation point due to the influence of rain, etc. done before one week, so in such a case, the person engaged in the duty of the direction of the work has a duty of care to fully avoid the work by installing safety facilities, such as a temporary facility, if it is difficult to check the ground condition before the work and to maintain excavation 45 degrees, and if it is difficult to maintain drilling due to excavation while performing the work, the person engaged in the duty of the direction of the work has a duty of care to ensure that earth flows down sufficiently.

Nevertheless, the Defendant neglected this and neglected to pass along the road in the vicinity, and the excavation of the work section is 6.5 degrees for the reason that he will promptly proceed with construction works, and it is weak to soil on the ground before the work.

In spite of his thought, he did not install the safety facilities and did so by negligence that he continued to carry out the construction, and covered the victim I(55) who is working within the work section.

On May 9, 2016, the victim died at K Hospital located in theJ of Asia-si on May 9, 2016 due to pressure collapse.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. The defendant's statement in court;

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