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(영문) 창원지방법원 2017.11.02 2017노448
업무상과실치상
Text

The judgment of the court below is reversed.

Defendants are not guilty. The summary of the judgment against Defendant A is publicly announced.

Reasons

1. The gist of the grounds for appeal (misunderstanding of facts) is as follows: (a) steel pipe is less than 7 meters and then posing the roof of the J cafeteria operated by the victim and sticking it on the floor; (b) however, the damager in the kitchen did not comply with the said steel pipe.

2. The summary of the facts charged is Defendant A, the vice head of E in Changwon-si D and the sixth floor, who works as a site manager in charge of safety management at the construction site of the construction site of the construction site of the former F building in Changwon-si, Changwon-si, Changwon-si, and Defendant B, a worker at H in the company G 31 in Kimhae-si, Kimhae-si, who is a worker at H, and is in charge of construction of the complex board at the construction site of the above construction site.

Defendant

A From July 10, 2015, from around July 10, 2015, ordered the Defendant B to build a metal panel with an Aluminium complex board attached to the outer wall of the building newly constructed. Defendant B, around 15:00 on July 11, 2015, was performing the work (on the basis of attaching two steel pipes on the outer wall of the building) by placing two steel pipes of a 5cm length above the length of the second outer wall of the construction site at around 3.25 meters on July 15, 2015.

However, since the construction of a new building has considerably adjacent to the surrounding people about two meters, there is a risk of accidents caused by falling water, so the defendants have a duty of care to prevent accidents caused by falling water in advance, such as the installation of a network for the prevention of falling water or a protection base line, etc. in order to prevent such danger.

Nevertheless, the Defendants neglected to do so and caused the said steel pipeline pipe (hereinafter “the steel pipe of this case”) to fall below approximately seven meters due to the work vibration (hereinafter “the instant steel pipe”). The steel pipe of this case falling short was built with the mar of the J cafeteria located in the Gyeong-gu Seoul High Sea (hereinafter “the instant steel pipe”). The steel pipe of this case was built with the mar of the marc of the marc of the J cafeteria located in the J-gu Seoul High Sea (hereinafter “the instant steel pipe”).

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