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(영문) 청주지방법원 제천지원 2020.05.21 2019고정70
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person employed from Yeonsu-gu to November 28, 2018 to December 26 of the same year as a field manager for the removal of a construction site office (hereinafter referred to as the “instant removal construction”) and is engaged in the affairs of ordering six workers, including victims C (50 years of age) to remove and managing the site, and the victim is a person employed as a daily worker on December 18, 2018 and in charge of the removal work at the above site.

Around 07:00 on December 18, 2018, the Defendant instructed D, an on-site employee, to “on-site employee, continue to perform the removal work at the second floor of the office in which he was in progress.” Since the height of the second floor of the office was collapsed by 2.5 meters at the 2.5m height and the worker working at the removal site was at a risk of falling, the Defendant had a duty of care to prevent workers from falling, such as, before ordering the removal work, wearing a safety belt and installing equipment to safely walk the safety belt, etc.

Nevertheless, the Defendant did not take necessary measures to prevent such fall, and the victim, at around 08:00 on December 18, 2018, instructed the removal work, and in accordance with the direction of the Defendant, the victim suffered bodily injury, such as pressing pressure, which fell into the floor and fall into approximately 12 weeks, while the panel collapses at the site of the removal work in the second floor of the office at the site of the removal work in this case, and requires approximately 12 weeks of treatment.

Accordingly, the defendant suffered injury to the victim by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to each investigation report (to attach documents related to telephone conversations of witnesses and payment of insurance benefits to victims);

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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