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(영문) 대구지방법원 상주지원 2015.07.21 2015고단239
업무상과실치사등
Text

Defendant

A shall be punished by a fine of KRW 3 million, and the defendant limited liability company B shall be punished by a fine of KRW 2 million.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A is the actual representative of Limited Company B, and the victim D(the age of 63) was the victim D’s sprinks belonging to the above B, and around 13:30 on January 21, 2015, Defendant A worked in a 7th ridge line located in Gyeongcheon-gun, Chungcheongnamcheon-gun, Gyeongcheon-gun.

The business owner has a duty of care to prevent safety accidents, such as having an on-site agent stay at the site and cutting down only a part of the workers using an electric saw, and arranging the remaining workers with a duty of care to prevent accidents.

Nevertheless, the Defendant did not stay at the site of F in order to prevent safety accidents at the above punishment site, and caused the death of the victim by failing to take necessary measures to prevent risks in the course of performing the work, such as thring, salute, salute, salute, salute, and so on at a certain distance from all workers by using a salute, and allowing all workers to carry out the salute work at the site of the same time, which goes beyond the intended direction of the salute, and the salute of the victim being engaged in the salute work, and thereby making the victim take the head of the salute of the victim while going beyond the intended direction.

2. The Defendant B, a substantial representative of the Defendant, committed the act of violation as stipulated in paragraph (1) in relation to the work at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to report internal investigation (a copy of a report on the occurrence of a defense incident);

1. Article applicable to criminal facts;

(a) Defendant A: Article 268 of the Criminal Act, Articles 66-2, 23 (2) and (3) of the Occupational Safety and Health Act (the point of failure to take measures to prevent danger)

(b) Defendant B: Articles 71 and 66-2 of the Industrial Safety and Health Act; and

1. Trade name;

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