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(영문) 서울동부지방법원 2020.01.15 2019고단3325

업무상과실치사등

Text

Defendant

A shall be punished by a fine of KRW 8,00,00,00,00,00,00 for four months, Defendant B, and C.

Defendant

B above.

Reasons

Punishment of the crime

Defendant

A is a business owner operating E in Gangdong-gu Seoul Metropolitan Government, and is responsible for the management and supervision of the safety and health of the employees belonging to the F apartment occupant council and Jeju F apartment outer wall repair and re-doing construction site, which are subcontracted by the F apartment occupant council and C Co., Ltd.

Defendant

B as a managing director of the company in Dong-gu Daejeon and the head of the construction site of the above F apartment site, he is responsible for managing and supervising the safety and health of his employees and their employees, and Defendant C Co. is a corporation established for the purpose of maintaining and managing the facilities.

1. At around 11:45 on July 29, 2018, Defendant AB caused the victim H (the victim H4 years of age) who is an employee E at the site of rupture repair and reconstruction of the rupture of the outer wall of Jeju F apartment building on the roof of a building at a height of about 45 meters to sit in the sup the string to the string of the string, thereby getting off the rupture repair work.

In such a case, the Defendants are the safety manager for their employees or workers employed by the contractors, and have the duty of care to provide necessary personal protective outfits, such as safety belts, in preparation for the fall of workers, and to install safety belts and life jackets when using the monthly vision for work.

Nevertheless, the Defendants did not provide the victim with necessary protective outfits, such as safety belts, and caused the victim to die by an accident of falling the floor in the course of boarding the 45-meter building outer wall of the building at a height of 45 meters, in order to perform repair work, due to occupational negligence without installing safety belts and life jackets on the bridge for work.

Accordingly, the Defendants conspired to commit the above occupational negligence.