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(영문) 대구지방법원 2016.12.09 2015노2874
산업안전보건법위반등
Text

The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 is a worker on duty and there is no duty of care to take appropriate measures to prevent risks that may arise in the field work. 2) The victim is a worker belonging to H Co., Ltd., who is not a worker belonging to H Co., Ltd., but a worker belonging to H Co., Ltd., and the safety diagnosis of this case is not a worker of F Co., Ltd., and the safety diagnosis of this case cannot be deemed to have been performed under the direction and supervision of Defendant

Therefore, there is no substantial employment relationship between F or the defendant and the victim.

Nevertheless, the lower court erred by misapprehending the fact that the lower court pronounced guilty of the facts charged of this case, thereby adversely affecting the conclusion of the judgment.

B. The prosecutor (unfair punishment) sentenced by the court below (six months of imprisonment and two years of suspended execution) is too unfunied and unfair.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in this case 1) The defendant and the victim are the company in general charge of the construction work performed by the Armed Forces Finance Management Office, which is the company belonging to the Domincheon-gun Construction Co., Ltd., and the company in general charge of the construction work performed by the company. The Domini Construction Co., Ltd. is a corporation incorporated for the purpose of construction work, etc., and the defendant is a corporation affiliated with F, who is responsible for the safety and health of its employees. The defendant is a corporation established for the purpose of electricity-related construction work, and the corporation F is a corporation established for the purpose of construction work, and the part of the above construction site is subcontracted from the Domini Construction Co., Ltd. The victim G (the 49-year old is the electricity company belonging to H Co., Ltd., and H Co., Ltd. is a corporation established for the purpose of manufacturing electric parts such as water and power distribution team, and completed its supply by concluding

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