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(영문) 울산지방법원 2016.02.03 2015고단1203
업무상과실치사
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the head of E, an elevator installation company, who is a person in charge of elevator maintenance and repair in F (F, 20,00 tons of petroleum drilling) under construction in Hyundai Heavy Industries Co., Ltd., and the victim G (21 ) is the employee belonging to the non- weather tech Co., Ltd., a drying company.

Around 08:00 on December 27, 2014, when the victim was under the supervision of the defendant, the victim had one floor (10.4m height from the base) and two floors (17.6m height from the base) of the central elevator in F built from the main wall of F in Ulsan-dong H H5, Ulsan-gu, Ulsan-gu, U.S., to separate electric power equipment cables from the elevator cable. In such a case, the owner of the elevator installed the elevator and operated the elevator to the victim G who did not have any experience in installing the elevator and did not know about the elevator's characteristics, operating principles, operating methods, automatic and manual transformation method and operation methods and safety education on the prevention of safety accidents that may occur during the operation process of the elevator related to the elevator, and input it into two persons with a skilled worker with an elevator-related certificate, and conduct safety management work at the work site, etc., the owner of the elevator was obliged to exercise the duty of care in advance to prevent accidents that may occur during the work.

Nevertheless, the Defendant neglected this and did not conduct the education to prevent safety accidents to the victim, and put the victim into the work site without two skilled workers holding an elevator-related certificate, and did not directly supervise the work site, etc. on the same day, without knowing the characteristics of the elevator set to prevent the elevator from getting off up to the first floor (by approximately 1.2~1.5m height at the bottom of the highest level) for the safety of the elevator workers, even though the damaged person who was engaged in the cable separation work at the center of the above vessel tried to run the cable separation work at around 14:10 on the same day.

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