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(영문) 수원지방법원 2019.08.29 2019고단2531

업무상과실치사등

Text

Defendant

A A Fine of KRW 7,00,000, KRW 3,000,000, KRW 3,000,000, Defendant C Co., Ltd. shall be punished by fine of KRW 5,00.

Reasons

Punishment of the crime

Defendant

C A Co., Ltd. (hereinafter referred to as “C”) is a corporation established on September 11, 2001 in Suwon-si, for the purpose of construction business in Suwon-si, and is a business owner who is performing construction works from August 1, 2017 after being awarded a contract with E for the construction business. Defendant A is the head of the relevant construction site and the person in charge of safety and health management of the said new construction, and Defendant B is the safety manager of the said new construction.

1. On January 14, 2019, part of the occurrence of the death accident.

A. Defendant A and Defendant B, at around 14:45 on January 14, 2019, performed the work of installing a water drop-out network at the outside one part of the 7-meter height of the left side of the building to the victim G ( South and the age of 57) of the C’s employees G (the male and the age of 57) at the “F New Construction Work site”. As such, Defendant A and Defendant B, who is the safety manager, had a duty of care to take safety measures necessary to prevent the fall risk, such as having the victim wear a safety belt, and installing a work plate at the work section.

Nevertheless, the Defendants neglected the above duty of care and did not take appropriate safety measures such as having the victim wear a safety belt at the work section, and caused the death of the victim due to serious brain dys, etc. around 06:20 on January 21, 2019, when the victim took the support unit for the fallen water prevention network, not the work launch board, and moved the support unit 7 meters away from the ground bottom while moving.

Accordingly, the Defendants did not perform safety measures required under the Occupational Safety and Health Act, and caused the death of the victims due to their breach of duty of care required for their duties.

B. Defendant C’s above 1-A

A and B, the employee of the defendant, at the same time and at the same place as in paragraph 1, shall be the 1-A.

(b) as provided in paragraph (3);