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(영문) 수원지방법원 2017.01.12 2016고단715

업무상과실치사등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who runs a manufacturing business under the trade name of “E” in Daegu-Sagu Sin-gun D.

The Defendant is a business owner who subcontracted the installation of a living room from the F (State) and is ultimately responsible for the safety and health of his/her employees.

On June 15, 2015, the Defendant: (a) around 16:50 on 16:50, the Defendant had five workers, including the victim H (48 years of age) and victim I (46 years of age), who were employed by E in the plant located in G (State) E in G, to install steel structure in concrete double-living rooms.

The above work is to set up a steel structure in sequential order, and even when the construction of the final steel structure is completed, the work to set up the following steel structure by caters while each steel structure is temporarily fixed up until the completion of the construction. Among them, the work to install and remove a shower so that the workers directly set up the steel structure and the structure, and the work to temporarily support the parts of the structure and the structure are carried out. As such, workers are working in a state where the steel structure is not sufficiently fixed, and there is a danger of fall, electric shock, etc.

Therefore, in performing the above work, the business owner shall not be obliged to separate the steel frames written off by entering into a V so as to fully support the string part of the steel frame or before becoming a solid structure equal thereto from the street, etc. In addition, the business owner has a duty of care to take necessary measures to prevent danger, such as having the workers wear a safety string, and having the employees wear a safety strings safely, and taking necessary measures to prevent danger, such as having the safety string equipment installed.

Nevertheless, the defendant neglected to perform the above duty of care, and the defendant's attacked prior to the fall that is necessary for handling heavy objects.