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(영문) 춘천지방법원 영월지원 2015.06.26 2015고정72
업무상과실치사등
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant, who runs the original wood production business with the trade name of “C”, was a field manager in charge of the overall control of the work, such as employing human parts in Gangwon-gu, Young-gu D, and ordering work while performing the logging work.

The Defendant, as a person in charge of the field management of timbering operations conducted at the above site, was responsible for managing, supervising, and supervising the safety and working conditions of the wooden workers, and was in a duty of care to set the shelter route and place of shelter in order to avoid any unexpected direction, and to prepare a work plan and conduct safety education, management, and supervision of the timber trees.

Nevertheless, at around 09:30 on November 10, 2014, the Defendant was negligent in the course of business when leaving the scene without supervising the felling work that was carried out at the above work site, and the victim E (the age of 49) who is one of the workers of the logging work cut the trees without the shelter route and the shelter place, and the Defendant cut the trees in the above slope area in order to cut down the trees without the shelter route and the shelter place, and forced the victim to cut the head and the head and the part of the victim.

In the end, the Defendant caused the death of the victim due to occupational negligence, which did not take safety measures as above, due to serious brain damage in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, G, H, and I;

1. The application of Acts and subordinate statutes for registration for business, inspection of accidents, report on occurrence of legal accidents, and registration of timber production business;

1. Article 66-2 (2) of the Occupational Safety and Health Act, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment as a violation of the Occupational Safety and Health Act heavier than the punishment);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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