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(영문) 의정부지방법원 2019.05.09 2019고단642

업무상과실치사등

Text

Defendant

A Imprisonment of six months, Defendant B’s fine of KRW 7,00,000, Defendant C’s fine of KRW 3,000,000, and Defendant D.

Reasons

Punishment of the crime

Defendant

D Co., Ltd. is a business owner performing the “F extension construction” located in both weeks, and Defendant A is a director of the D Co., Ltd. who is in charge of the affairs concerning safety and health of his employees as a director of the D Co., Ltd., and Defendant B is an article that performs excavation work at the above site under a contract with the said D Co., Ltd., and Defendant C is the head of the working group that performs removal work at the above site under a contract with the said D Co., Ltd., and Victim G(68 years of age) and Victim H(39 years of age) belongs to the said D Co., Ltd. with I and works at the above site

1. The business owners of both the defendant A, B, and C shall take measures necessary for the prevention of hazards caused by improper work methods, etc. in the course of excavating, quarrying, unloading, timbering, transporting, operating, dismantling, handling heavy objects, and other work;

Defendant

A around April 6, 2018, around 14:45, at the Yangju-siJ, issued a work order to the human body through Defendant C within the F construction removal (construction of a building) site in the Yangju-siJ, and had Defendant B perform the removal of the building with the clicker and let the victim G and the victim H perform the waste disposal work.

In such cases, Defendant A, a business owner, must prohibit any person other than the relevant worker, such as setting up a watch at the place where dismantling work is performed, and when using the vehicle mooring construction machinery, he/she shall conduct a prior investigation in order to prevent the danger of workers, and record and preserve the results thereof, and shall prepare a work plan in consideration of the results of the investigation, and notify the workers of the work plan for dismantling the building prepared for dismantling the building, etc., and shall observe the work site and take safety measures in advance.