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(영문) 청주지방법원 2017.02.01 2016고정1037

업무상과실치사

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant was awarded a contract from C Co., Ltd., a contractor at the construction site of substantial B apartment construction site of Cheongju-si, to store a mountain wall.

E is a director of the corporation corporation as the director of the corporation at the site of the corporation, who is responsible for the safety and health management for preventing industrial accidents of its employees.

F is a director of the C&C corporation and a safety and health general manager under the Industrial Safety and Health Act, who is responsible for the safety and health management for preventing industrial accidents of its employees, including subcontractors.

around 07:50 on June 2, 2016, Defendant, E, and F had been performing construction works for piling up walls in front of the 213th construction site.

In such cases, when the defendant, who is an engineer of the excavation searcher, confirmed whether there is a person within the radius from the work, and confirmed that there was a duty of care to prevent accidents in advance by cutting the excavation searcher, and when the accident is likely to occur due to the excavation searcher, E and F had a duty of care to prevent accidents in advance, such as assigning the conductors of the excavation searcher or signal numbers, etc.

Nevertheless, E and F did not take such measures as neglecting the above duty of care, and did so to have the Defendant and the victim G work as they are. The Defendant neglected the above duty of care and did not confirm whether there is a person within the radius of the work, and the damaged person by negligence in the link of the scambling scirls as they were, without confirming whether there is a person within the radius of the work.

Accordingly, the Defendant, in collaboration with E and F, caused the victim to suffer from the above occupational negligence on June 2, 2016, by causing the victim to damage to the two parts of symptoms at the Chungcheong University Hospital located in 776, Seo-gu, Seo-gu, Cheongju-si, Cheongju-si.