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(영문) 울산지방법원 2013.08.19 2013고정621
업무상과실치사
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

D Co., Ltd. (hereinafter referred to as “D”) is a person who performed the work of replacing the OFS ITE OFIT OLY SEWER Pipelines at the first factory in Ulsan-si, Ulsan-si, Ulsan-si, Ulsan-do. Defendant B (hereinafter referred to as “Defendant Co., Ltd.”) is a person who was awarded a contract from D for the part of the above work, and Defendant A is the representative director of the Defendant Co., Ltd., and the victim E (54) is a worker belonging to the Defendant Co., Ltd., who was killed due to an accident at the site of the above work.

1. Where a business owner excavates the ground, etc., he/she shall comply with the criteria in the annexed Table 11 to ensure that he/she takes a part in excavation work;

Provided, That this shall not apply where appropriate measures have been taken to prevent the collapse of fluored sides, such as earth mounds.

Nevertheless, at around 14:45 on August 7, 2012, Defendant A, the representative of Defendant A, the business owner of the Defendant Company, who used the victim, had the victim conduct the settlement of the foundation at a place excavated to an extent of 2.8 meters in depth during the said civil engineering work site, and did not take such safety measures, and caused the victim to die from the right upper beer and the right upper beer.

2. The Defendant Company, a representative, committed the act described in paragraph (1) in relation to the business of the Defendant Company.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police suspect against the defendant, F, or G;

1. Each police statement about F, H, I, J, G, K, L, and M;

1. A situation report, reporting on occurrence of each serious accident, and accident report;

1. A written result of autopsy, a written result of autopsy, a record of portrait, and a written result of autopsy of a corpse;

1. Reporting on a disaster investigation report;

1. Investigation report on serious accidents;

1. Documents, etc. to be submitted by the Director;

1. Safety management plan;

1. A subcontract agreement;

1. Excavation work permit; and

1. Application of each on-site photograph and Acts and subordinate statutes governing shotos;

1. Criminal facts;

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