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(영문) 서울중앙지방법원 2013.03.26 2012고정6325
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is the deputy head of SH Corporation E Team, which is operating a housing complex development project in the area of land located in Seocho-gu Seoul Metropolitan Government D, and is the supervisor for the disposal of construction waste from the removal of the above building on the land.

On April 2012, the Defendant was responsible for supervising the work of collecting removed wastes, which was loaded after the completion of the removal work on the ground of the building, by the F, contracted with the SH for waste disposal service from the above land.

However, the above land at the time was opened to the outside without safety fences, etc., there was only one man having empty space on the ground, and the adjoining land was a parking lot box in the cafeteria of “G” restaurant with frequent inside of family customers, including children. Therefore, in the event a lid of the lid of the lid of the lid of the lid of the lid of the lid of the lid of the lid of the lid of the above land was lost or destroyed, there was a risk of falling, especially at night, because the person entering the above land was sufficient

In such cases, the Defendant, who is a supervisor at the site of waste collection work, has a duty of care to take appropriate safety measures, such as predicting the risk of falling accidents caused by the occurrence of the opening of the Man-Magle, breaking the above Mangle into a wooden board, etc., or installing a watch at least around the Mangle, etc.

Nevertheless, the Defendant neglected this and did not take any measures to prevent accidents even though the neglect was exposed to the outer space due to waste collection work, and thereafter neglected the same status.

At around 20:00 on May 28, 2012, the Defendant: (a) was negligent in the above occupational negligence; (b) around 20:00, the victim H (six years of age) who entered the above land where the lid was partially damaged and fell into the underground floor of the given lid, thereby causing injury to the victim, such as the treatment days of treatment, the treatment days of human being waste.

Summary of Evidence

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