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(영문) 부산지방법원 2018.10.22 2018고단1490
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for 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 an individual entrepreneur who operates a man-made company under the mutual name of the “J” in Busan East-gu I.

On October 28, 2017, around 14:25, the Defendant entered into a contract for waterproof construction works with the representative of the above hospital and the rooftop waterproof construction works in the Jung-gu medical corporation located in Busan, Jung-gu medical foundation, Busan, to perform the floor waterproof construction works.

On the rooftop of the building, there is a transformation room with high voltage current, and in particular, on the same day, the defendant instructed the victim to perform the floor waterproof work in the transformation room, and carried out the work in the transformation room like the victim, and after completing the work on the day, the injured party confirmed the completion of the work while on the rooftop of the building.

In such cases, the defendant responsible for the safety management at the construction site is not only required to thoroughly provide lifelong safety education, but also has a duty of care to prevent accidents by notifying the person responsible for electrical safety management of the work inside the transformation room in advance, allowing him/her to work within his/her control by providing safety equipment, such as safety appearance and safety shoes, allowing him/her to work after wearing it, or blocking electricity in advance.

Nevertheless, the Defendant neglected to notify the person responsible for electrical safety of the construction work in the transformation room, and failed to pay safety caps and safety lights without blocking electricity to the person responsible for electrical safety, and caused the person to perform the work without any safety devices at all, without causing the person to wear safety devices, thereby reducing the victim’s head to contact with electric wires where high voltage electricity of 2,200 V flows, thereby causing bodily injury, such as electricity and anti-competing water, and being treated in the Ovalescent hospital located in N of Busan East-gu, Busan.

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