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(영문) 부산지방법원 2018.10.18 2018고단3545
업무상과실치상등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was a business owner who runs the interior interior and interior removal of the building located in Geum-gu, Busan and the interior of the building and the interior of the interior of the interior of the interior of the building was awarded a contract for construction from August 22, 201, under the trade name of "C" located in Busan Shipping Daegu B 1st floor.

A business owner shall take measures necessary for the prevention of hazards caused by defective work methods, etc. in the course of dismantling work, and in detail, in order to prevent hazards to workers in the course of dismantling work of buildings, etc., he/she shall prepare a work plan which includes the methods and order of dismantling, the work plan for dismantling work machinery, apparatus, etc., other safety-related matters, etc. and have the relevant workers perform work in accordance with the plan, and shall notify the relevant workers of the details of the work plan prepared.

On August 23, 2011, the Defendant: (a) ordered the Victim E (61) to perform the work of dismantling dumnas (in a restaurant for transporting food and water) installed inside the instant building; (b) the Defendant prepared a work plan that includes the method and order of dismantling, the work plan of machines, apparatus, etc. for dismantling work, and other safety-related matters in order to prevent risks arising from defective work methods, etc.; and (c) had a duty of care to inform the relevant employee of the contents of the work plan.

Nevertheless, the defendant did not prepare a work plan at all without neglecting the above duty of care, and did not notify the victim of the contents of the work plan, and the victim felled on the floor while dismantling up the dumwater.

Ultimately, the Defendant caused the victim to suffer bodily injury due to the occupational negligence above.

Summary of Evidence

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