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(영문) 수원지방법원 평택지원 2017.12.13 2017고단1015

업무상과실치사등

Text

Defendant

A Imprisonment of six months, Defendant B’s fine of KRW 5,00,000, Defendant C’s fine of KRW 7,000,000, and Defendant D.

Reasons

Punishment of the crime

Defendant

D Co., Ltd. is a company performing the new construction of Pyeongtaek-si I Apartment, and Defendant C is a person in charge of the safety management of employees belonging to D Co., Ltd and employees employed by D Co., Ltd., and Defendant B Co., Ltd. is a company performing the construction of pit pumps and sun-dried tents under contract from D Co., Ltd., and Defendant A is a person in charge of the safety management of employees belonging to B Co., Ltd. as a representative director at the site of interest.

1. On January 16, 2017, Defendant A, at the 504-dong 6-dong working site of an apartment building that was newly built above around 08:40 on January 16, 2017, Defendant A had the victim J (28 years old) get the victim J (28 years old) to get off the tent of the 5th floor below it.

At the time, the above pit pumps were installed at a height of approximately 2.8 meters from the five floors in which the construction on the floor was completed, and there was a risk of fall by the workers. In such a case, the Defendant was obliged to perform the duty of care to install a strong structure with sufficient strength to protect the safety rail, etc., and to install safety lines, etc. so that the workers may safely walk the safety belt.

Nevertheless, the defendant did not install the above safety rail and safety lifts, and as a result, the injured party lost the center while he was engaged in the work of unloading the beam from the above mine pumps, fall on the five-story floor, and the part adjacent to the vertical steel located in that place was knife.

Ultimately, the Defendant’s occupational negligence as above and the Defendant’s occupational negligence as set forth in Section C below, together with the Defendant’s occupational negligence, led to the victim’s death by reason of the death of the heart damage caused by steel in Pyeongtaek-si Hospital around 09:17 on the same day.

2. Defendant B, a representative of the Defendant, is as set forth in the above paragraph (1).