logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.09.16 2014고단1962
업무상과실치사등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 C established for the purpose of operating a construction business, etc., and performs installation works, such as wastewater treatment facilities width lighting, etc. in progress in Gangwon-do Crossing-gun D.

At around 08:30 on November 24, 2013, the Defendant had a duty of care to take necessary measures to prevent risks, such as the installation of a ground hole, installation of a protection net, prohibition of workers’ access to the ground, etc., in response to this, the Defendant had a duty of care to take necessary measures to prevent such risks, inasmuch as the place of the work is a place where the Defendant is obliged to perform the surveying work according to the excavation in a cut-out area equivalent to approximately five meters in danger of earth and sand collapse.

Nevertheless, the Defendant neglected to take any safety measures and had the victim E (year 71) take a floor survey work according to the excavated surface in the above stop area, and the victim was laid away on that spot, and the victim was buried in that spot. On the same day, the Defendant caused the death of both sides of the 13:20 nuclear household school in the 13:20 nuclear power plant, which is located in the 20-ro of the 13:20 nuclear power plant in the 13:20 nuclear power plant on the same day.

Accordingly, the Defendant caused the death of the victim by negligence in the course of business, which did not take safety measures to prevent the danger at the place where the workers might face the danger of earth and sand collapse, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. A death certificate;

1. A business trip name, on-site photograph, and a statement of investigation into serious accidents;

1. Investigation reports (related to attachment of a construction contract) and the application of statutes on contracts;

1. Article 66-2, Article 23 (3) of the Occupational Safety and Health Act (the point of death caused by failing to take safety measures) and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Code of Trade Competition.

arrow