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(영문) 서울서부지방법원 2012.07.26 2012고정1165
업무상과실치상
Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. The summary of the facts charged is a person who employs victims B and C of daily workers and works for a building page.

On October 30, 2011, at around 09:30 on October 30, 201, the Defendant employed the victim and C with respect to the general housing of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and ordered the victim to conduct tampering work on the outer wall of the building on the second floor of the building, which was stuck on the wire line set up on the second floor of the building.

In such a case, the Defendant, as a person in charge of the field of painting work, has a duty of care to manage the accident by checking whether the wire rope was cut off so that the worker can work safely, and whether there is no danger of falling, and to prevent the accident in advance. The Defendant had a duty of care to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and did not properly fastened the wire ropes, and caused injury to the victim, such as the saves, salted saves, and the saves, which require three-day medical treatment, as the victim fell from the outer wall of the second floor of the building to the lower surface of the first floor, and thereby fell from the outer wall of the second floor of the building.

2. According to the police interrogation protocol of the defendant and the police statement of the defendant B, the defendant, who operates the page "E", can be found to have awarded a contract to B, which had been about 20 years prior to October 201, for construction work to cover up the outer wall of the house recorded in the facts charged. In the case of a contract, the contractor, in principle, has not been obliged to take safety measures necessary for the prevention of accidents in relation to the contractor's work, but the contractor is given a specific duty to supervise the contractor's work.

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