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(영문) 전주지방법원 2013.07.26 2013노449
업무상과실치사등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds of appeal is as follows: (a) Defendant A, as the site manager of the construction site of the electric power/powerd part of the instant construction works executed by Defendant B, ordered the victims and other workers including the victim to take necessary measures to prevent the risk of the electric shock accident; (b) caused the death of the victim due to the electric shock accident by negligence; (c) Defendant C, as the person in general charge of the instant construction works, is the business owner, and (d) Defendant C did not take necessary measures to prevent the risk of the electric shock accident, and there is sufficient evidence to support this.

Nevertheless, the court below found the Defendants not guilty on the ground that there is no evidence to acknowledge it. The court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

2. The summary of the facts charged is that Defendant A is a site manager in the part of the E&M facilities construction built by Defendant B, who is responsible for the overall supervision of the construction site and the safety and health management.

Defendant

B Co., Ltd. is a business owner who performs the E&M installation works from Defendant Nam-J Co., Ltd. with a total construction cost of at least KRW 82,841,00,000 with a construction ratio of at least 5%, and the electric power/electric power lines from the F Station to G Station with a sharing responsibility.

Defendant

C The defendant Namnam Construction Co., Ltd., Poco Construction Co., Ltd., Posco Construction Co., Ltd., mobilization construction industry Co., Ltd.

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