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(영문) 제주지방법원 2018.10.24 2018고단906

업무상과실치사

Text

Defendant

A shall be punished by imprisonment without prison labor for one year, and by imprisonment without prison labor for ten months, respectively.

, however, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B As a representative director of G (ju) awarded a subcontract for construction work, such as temporary installation, earth and sand, and steel mixed, from the above E (ju) in the construction of a complex in the F in Seopopo City of Seopopopo City of E (ju), he is a person in charge of the safety and health of working workers. Defendant A is the head of the above G who is the head of the above construction site and actually directed and supervised working workers while working as the head of the above construction site.

On July 27, 2017, around 18:55, the Defendants instructed H (53 Does) workers at the above construction site to conduct a five-story line work at the height of the fourth floor at the height of the fifth floor (which means that the installed strings can be displayed well on the one hand).

Since a place where the damaged person at the time engages in work is at a risk of falling down, the Defendants are obliged to install a work plate by means of assembling a dog, etc. In such cases, the Defendants are obliged to exercise the duty of care to prevent the fall of workers by taking safety measures, such as installing a work plate, connecting or fixing it to at least two support areas so that the work plate does not be cut down or fall, and where it is difficult to install a work plate, and by having the workers do work in the state of installing a fall protection network or wearing a safety belt, etc., and prevent the fall of workers.

Nevertheless, the Defendants installed both strings in a place where the damaged was engaged in work on the ground that the equipment, such as the strings, can not be carried out, without installing a work plate and a down protection network, etc., in a place connected from the outer diameter to the two strings, the Defendants installed a work plate at a place connected to the outer diameters, but did not properly fix the work plate, and the damaged person was in moving to a place where a two strings are installed without wearing a work plate at the time when the outer diameter is installed.