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(영문) 서울중앙지방법원 2016.09.22 2016고단4417
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

Reasons

Punishment of the crime

The Defendant was awarded a subcontract for the whole construction of building stones from D to which the Si Construction Co., Ltd. subcontracted the construction of building stones for the five-story multi-household housing in Gwanak-gu in Seoul Special Metropolitan City, and was given a subcontract for the construction of building stones from D. In the construction site of the said new building, the Defendant instructed the overall construction of the construction work employed by the Defendant, such as the victim E

On December 16, 2015, the Defendant ordered the victim to construct stone with stone materials attached to the outer wall of the building at the construction site of the above multi-household house. Since the work site is 10 meters high and no rail is installed in the rain rail installed at the construction site, the Defendant, who is a field supervisor, has a duty of care to safely maintain and manage the employees under his/her control so that the fixed cutting of the work board that workers are going up does not unfold, and to take measures to prevent falling, such as paying safety belts to workers, etc.

Nevertheless, the Defendant, without paying safety belts to the victim, had the victim carry out the finishing work on the outer wall of the building without installing facilities to prevent the fall. As a result, the victim was working at 17:05 on the string and then fell from about 10 meters of the cryp of the cryp, which had been fixing the work board during the work at around 17:05 on the same day, to the floor.

Ultimately, the Defendant caused the victim to suffer injury due to the above occupational negligence, i.e., the 32 weeks of sexual intercourse and the damage of the number of the fluences.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect by the public prosecutor against the accused or D;

1. Statement of each inspection with respect to F and G;

1. On the defendant and D

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