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(영문) 수원지방법원 2014.10.10 2014고단3576
업무상과실치상
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is the representative director of C, a subcontractor, who works to produce concrete files of Daelim C&S and to string the strings at the end of the product. D is the employee of C, and D, who operates the 16 tons of the above work as an employee of C.

D On January 18, 2014, around 16:20 on January 18, 2014, 16:30, 2014, the aforementioned corporation operated the knife vehicle in Daelim &S, and applied a concrete file to protect the finished product from shocking, and the victim E (year 22) was engaged in the process of breaking the knife at the end of the said file.

In such a case, since the above concrete file is about 7 meters in length and about 60 centimeters in diameter, and the size and weight of which are very large, the defendant, who is responsible for controlling the above business, has a duty of care to assign safety management personnel to the work site to prevent industrial accidents, such as designating the work commander or the leader, etc. in order to prevent industrial accidents, when an employee who is responsible for controlling the safety by using loading, unloading, transportation, machinery, etc., and D had a duty of care to prevent accidents by proceeding with the defendant's work after checking that the victim was engaged in operating safely.

Nevertheless, the defendant and D neglected to assign safety management personnel, etc., and the defendant failed to do so, and D left the left hand of the victim's file between D and D's file without completing work.

As a result, the Defendant, in collaboration with D, suffered injury to the victim in terms of 2, 3, 4, 5 mid-term pulverization, which requires approximately seven weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The suspect interrogation protocol of the police as to D.

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