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(영문) 서울중앙지방법원 2014.08.14 2013고정1502
업무상과실치사
Text

Defendants shall be punished by a fine of five million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is a public official of Grade 7 working in the City Management Bureau E Team in Gwanak-gu in Seoul Special Metropolitan City, and Defendant B is a person working as the team leader of the same team.

1. When Defendant A, as a person in charge of the field, instructs a fixed-term worker to wear safety caps and other safety equipment, etc., Defendant A has a duty of care to ensure that the worker wears safety caps and other safety equipment, conduct prior safety education on his work, and prevent any danger on the part of the worker, and take safety measures when there is a possibility of such danger at the site.

Nevertheless, at around 10:25 on August 30, 2012, the Defendant neglected this and laid a Kakao tree with a length of about 30 meters in the F Forest in Gwanak-gu, Seoul Special Metropolitan City, resulting in the death of the Defendant due to the heart of the Victim G (the age of 57) who was an employee for a fixed-term period of 3 meters away from the lower part of the wooden pole on the ground that he left the middle part without towing the trees, resulting in the death of the Defendant due to the cardio-cerebrovascular and cerebral cerebrssis by taking the head of the Plaintiff’s G (the age of 57).

2. Defendant B is the head of the team in charge of the duties of the E Team in Gwanak-gu in Seoul Special Metropolitan City and has a duty of care to check and manage whether employees and workers wear safety caps and other safety equipment prior to the work, and to prevent any imminent danger to employees and workers engaged in the work.

Nevertheless, the Defendant neglected to do so, resulting in the death of the above victim due to the cardio-cerebrovascular or cerebral cerebral cerebral cerebral mace.

Summary of Evidence

1. Legal statement of the witness H;

1. Statement of witnesses I and J in the third protocol of trial;

1. Statement of the police officer to I;

1. Division of duties and work log (48 seconds);

1. Application of statutes on copies of field photographs;

1. Defendants: Articles 268 and 30 of the Criminal Act; and Articles 268 and 30 of the same Act

1. Defendants to be detained in the workhouse: Article 70 of the Criminal Code.

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