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(영문) 서울남부지방법원 2019.10.17 2019고정963

업무상과실치상

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the owner of a new construction site for multi-household housing located in B at the time of Jinjin-si, who has contracted all of the construction works for each specialized field of the said construction to another person, and C (unlimited indictment for the same day) is a person in charge of overall management of the relevant construction work by employing the field workers after receiving a part of the structural construction from the Defendant.

At around 11:10 on June 2, 2018, the Defendant and C had the victim D (year 45) who is a worker and E, who is another worker, connected each other with the steel triang support unit (not less than 4m high), and had approximately 30 mphers ( approximately 540 mp) used for the trip for the trip use of the steel trip, and let them work to bring about the trip of the third floor by hanging it into the trip.

In order to transport hot objects, such as water pumps, by using a string, it is necessary to conduct a prior investigation into the relevant work and the topography, ground level, and surface condition, etc. of the relevant work site pursuant to Article 38 of the Rules on Industrial Safety and Health Standards, to prepare a work plan including safety measures that may prevent danger of fall, fall, and electric power failure, and to take necessary measures to prevent danger between work, such as designating a work commander pursuant to Article 39 of the said Rules and directed him/her in accordance with the work plan.

Nevertheless, the defendant and C did not conduct a preliminary investigation on the above work, and did not prepare a work plan containing the contents that can properly cope with unstable situations that may occur in the process of massing weight, such as fall, fall, electric power failure, and shocking. The defendant and C neglected to conduct the above transport work by controlling one list of victims and E and one group of victims, without designating the commander.