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(영문) 대전지방법원 2016.06.22 2015고단2361

업무상과실치사등

Text

Defendant

A In four months of imprisonment, Defendant B shall be sentenced to six months of imprisonment, and Defendant C shall be sentenced to a fine of 10,000,000 won.

Reasons

Punishment of the crime

Defendant

C Co., Ltd. (hereinafter referred to as “C”) is a legal entity that performs four new construction projects with the fourth floor E-Bara in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and Defendant B’s employee, who is a general manager of safety and health in the site of the above construction, and Defendant A is a person who receives a contract from C for the foregoing construction works.

1. Crimes related to industrial accidents on January 29, 2015;

(a) The business owner of the defendant A shall take measures necessary to prevent the danger at a place where his/her employees might fall down at work, etc., and where such danger might occur;

Nevertheless, on January 29, 2015, the Defendant did not install safety facilities, such as safety railing or entry prohibition marking facilities, lighting facilities, etc. in the vicinity of the elevator set at 103, which is in danger of falling in the construction site, and did not take measures to ensure that the Defendant’s employees wear the safety caps properly.

The Defendant was on the same day by occupational negligence 08:00, 103 2nd class through stairs to conduct landscaping work.

F caused F to fall below 430 cm, which is likely to result in the death of the elevator skin, due to damage to the diversity of 10:10 on the same day.

Accordingly, the defendant did not take necessary measures to prevent risks, and at the same time caused the death of the victim by occupational negligence.

B. The owner of the business carried out at the above location as above by Defendant B shall take measures to prevent industrial accidents that occur when his employees and those employed by his contractor work together at the same place.

Nevertheless, on January 29, 2015, the Defendant did not install safety railing or entry-prohibited marking facilities, lighting facilities, etc. in the vicinity of the elevator set at 103, which is in danger of falling at the construction site at the above construction site, and safety caps are put to F, the contractor A’s employees.