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(영문) 서울서부지방법원 2016.09.29 2016고정710
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who manages the site as the director of the division of the cultural heritage business division of F, a corporation that received a site of Yongsan-gu Seoul Metropolitan Government E, as the site manager.

In order to ensure smooth traffic of vehicles having access to a construction site on September 12, 2015, while the Defendant’s supervisor under the supervision of the human being is proceeding with the said construction, the vehicle entry prevention salary shall be deducted for the smooth traffic of vehicles having access to the construction site.

In order to prevent entry into a vehicle, a hole has been revealed.

In such cases, the defendant, who is responsible for the safety of the above construction site, has a duty of care to check whether there are dangerous factors in the vicinity of the construction site from time to time and prevent the hole during the work. After completion of the work, there was a duty of care to take safety measures, such as reworking the vehicle entry prevention sealing, installing safety signs such as prohibition of access to the surrounding areas, etc.

Nevertheless, the defendant did not properly confirm the risk factors in the construction site and neglected the fact that the said hole was revealed, without properly recognizing it, and caused the victim H(29 years old) who was responsible for G around September 18, 2015 to go up to the sports site parking lot in which the victim H(29 years old) who was responsible for G around September 18, 2015.

Ultimately, the Defendant suffered damage to the victim’s right-hand side of the bridge that requires approximately three weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. A protocol concerning the examination of the police officers of the accused;

1. On-site photographs;

1. A medical certificate [the Defendant and his defense counsel removed the entry prevention salary of the instant vehicle in the course of performing the waste removal work by September 1, 2015 at the time of the construction work, and re-establish the vehicle entry prevention salary on the same day, and the Defendant did not breach his duty of care in the course of performing the construction work.

The argument is asserted.

The key issue of the management and supervision of facilities surrounding the site, such as the removal and re-establishment of the instant vehicle entry prevention bars.

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