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(영문) 제주지방법원 2017.05.25 2017고단462

업무상과실치사등

Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B Around May 20, 2014, among the construction works for field training in H University H University horse industry training, the head of the department belonging to C Co., Ltd. awarded a contract of KRW 12,218,500,000 (hereinafter “12,218,500,000”) for construction works and civil engineering works (the change to KRW 12,218,50,000 on September 21, 2016) from H University horse industry training from G is a general manager for the safety and health of employees belonging to the C Co., Ltd and subcontractors, and Defendant A is a business owner who, around June 2, 2014, has subcontracted KRW 225,00,000 to the subcontracted part of the construction works, and is the employer of the C Co., Ltd. (58 years of age) and the person responsible for the safety and health of employees belonging to the C Co., Ltd. for filing complaints, Defendant D is a vehicle driver, and Defendant C Co., Ltd.

1. Around August 31, 2016, Defendant B, Defendant B, Defendant A’s violation of the Industrial Safety and Health Act, and Defendant A instructed the victim, etc. to remove fluort from the sn beam of the indoor marina industry, at the site of H University H University horse training construction works located in Jeju, the victim, etc., at the site of H University H University horse industry training. The victim ordered the victim, etc. to remove fluort fluort from the indoor marina beam of the indoor marinahead. The victim, along with the fluort board (one of the four pages is open) operated by Defendant D, was on board the fluorn beam of the indoor marinahead.

In such cases, the Defendants have a duty of care to require employees on board the train to install a safety rail on all sides of the platform so that workers on board the train do not fall, or where it is difficult to do so, to install a vertical fall telescope, etc., and to take measures to enable workers to do work while wearing protective outfits, such as safety belts.

Nevertheless, the Defendants did not take such safety measures in collusion.