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(영문) 인천지방법원 2014.03.25 2014고단193
업무상과실치사
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From November 2012, the Defendant is a person who has overall control over the duties, such as working instructions and management, etc., of the affiliated employees, as the representative of “D” who is in charge of services, such as the cleaning of grain storage and (g) from “C” corporation.

At around 12:00 on November 12, 2013, the Defendant had F (the age of 67) of the victim F (the employee of the Defendant) (the employee of Jung-gu Incheon Metropolitan City “C”) conduct the cleaning of remaining grain using mobile metal scrap. Although there is no safety cover on the above scrap metal, the Defendant did not have a work watcher and did not wear safety caps, and caused the victim to do so by negligence on the part where the safety cover of the said scrap was not installed while the victim was engaged in the work, and the victim did not immediately stop the operation of the machinery, and did not take necessary measures, such as immediately suspending the operation of the machinery, and caused the death of the victim due to external brain on the spot.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A copy of each police statement made to G, H, I, J, and the accused;

1. Submission of a copy of a report on the occurrence of a serious accident (manufacturing), service contract, copy of business registration certificate, work standard, work procedure and safety rules in the time of an empty inside work, safety work permit, D service work instruction, guidelines for the implementation of a smuggling spatial health work program, health management rules, and written opinion on the survey of a serious accident;

1. Application of Acts and subordinate statutes to a copy of the autopsy report, a photographic, and a corpse;

1. Article 268 of the Criminal Act and Article 268 of the same Act concerning the crime, selection of fines;

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

1. Although the sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) of the provisional payment order led to the occurrence of a result that cannot be complied with due to the defendant’s occupational negligence, the victim’s negligence also contributed to the occurrence of the accident.

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