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(영문) 대구지방법원 2015.04.17 2014고정2138
업무상과실치사
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is that the Defendant, as a person in charge of landscaping construction, who moved trees in C at the time of macroscoping and buried trees, is engaged in the management and supervision of on-site workers, such as direction of work, safety management, etc.

On December 20, 2013, the Defendant, at the construction site, transported eight tons weight to reduce the level of weight, and carried out the work on the ground.

(hereinafter referred to as the “instant work”. Since such work is likely to cause danger to workers by transporting heavy objects by using straws, the Defendant, a supervisor who directly directs and supervises transportation work, has a duty of care to manage and supervise the entire process of transportation, such as determining the method of work and placement of workers, ordering the work, and blocking the unnecessary access of the workmen, etc., thereby preventing accidents.

Nevertheless, by negligence, the Defendant neglected to direct or supervise the transportation process and carried out the work as it was, and around 13:38 on the same day, the victim D (the age of 40) who moved the above rocks to a cler, was set up and opened a cler, which was set up, and fell down below the lower time, and the above rocks were separated from the lower time, which was set up on the cler, thereby having become the victim’s top.

As a result, the defendant caused the death of the victim through occupational negligence due to the long-term heat in the mouth, the bones, the bones of the pelvis, the pelvis, and the heart of the pelvis.

(hereinafter “instant accident”). 2. On the other hand, a public prosecutor shall manage and supervise the entire process of transport by determining the method of work and the placement of workers pursuant to Article 35(1) of the Rules on Occupational Safety and Health as a supervisor under Article 14(1) of the Occupational Safety and Health Act, and instruct the work to block the unnecessary access of the workers.

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