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(영문) 울산지방법원 2016.02.18 2015고단3336
업무상과실치사등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment 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 is a representative of D, who is engaged in equipment, removal, and interior works, and is a business owner who performs repair works for multi-family houses on the third floor E-4th floor in Ulsan-gu, Ulsan-gu from July 14, 2015, and is responsible for the safety and health of his/her employees.

On July 16, 2015, the Defendant had three workers, including the victim F (65 years) in his/her employees, engaged in the above multi-family house 3rd floor beer-to-be project (profeting of bricks). Since the aforementioned steering work is at the risk of fall of workers being carried out in the opening at the end of the bend height of approximately 8 meters above the ground, the Defendant has a duty of care to strengthen the structure with sufficient strength, such as safety railing, and if it is difficult to install a rail, etc., he/she has a duty of care to ensure that workers, such as the victim, etc., wear the safety string and safety string, and wear the safety string.

Nevertheless, the Defendant did not install a safety rail, and did not pay a safety belt and a safety bus on the same day, and caused the death of the injured person due to high plesing, falling together with the brick while he was on the top of 70cm work at a height of 16:30 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. A report on occurrence, site, and photograph of the corpse;

1. A death examination report, request for appraisal, legal and chemical appraisal report, report on a serious disaster, resident registration certificate, specifications of personnel expenses transaction, building materials (fences, fences of buildings), building ledgers, owners' status (B), attachment of site photographs, materials related to serious disasters, report obtained, employment newsletter, home, certificate of subscription to industrial accident compensation insurance, worker accident relief securities, specifications and details of transaction details, request for confirmation of the suspension of work (integrated with improvement photographs), submission of written opinion on material accident investigation (written opinion), telephone, and other material related to each material accident;

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