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(영문) 전주지방법원 남원지원 2016.08.30 2016고단37
업무상과실치사등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a business owner who operates D in South Won-si, employs six human beings, and supplies harvested trees to E, and is in charge of safety and human resource management as a person in charge at the site of planting operations in F in the same city.

A business owner shall take necessary measures to prevent the danger in a place where a worker is at risk of falling down in his/her work, a place where sand, structures, etc. might collapse, a place where material objects might fall or fall, or any other place where risks may occur due to natural disasters in the course of his/her work, and one person shall be informed of where he/she works at the safety distance, and one person shall be informed of the fact that he/she works at the same time when he/she works at the same time, and the two persons shall be managed to prevent him/her from working at the same time.

Nevertheless, at around 13:20 on January 17, 2016, the Defendant did not properly conduct the above safety education, allowing the victim G (49) who was at the site of the above construction work to perform the work of cutting off by using the electric saw at the same time with other human parts H. In addition, even though the above victim's 20 meters in length and diameter 9cc in diameter were at a risk of falling down by neighboring trees, the Defendant did not take necessary measures to prevent danger, such as setting up the entry prohibition zone, and caused the victim's death by blood transfusion from the two parts on the same site.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to H and I;

1. Application of Acts and subordinate statutes to a report on the occurrence of a disaster and the results of field identification;

1. Articles 66-2 and 23(3) of the relevant Act on the Safety and Health of Industries (a violation of the Industrial Safety and Health Act) and Article 268 of the Criminal Act (a violation of the Industrial Safety and Health Act) concerning criminal facts.

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