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(영문) 청주지방법원 2017.12.21 2017고단1478

업무상과실치사등

Text

Defendants shall be punished by a fine of five million won.

Defendant

A or C fails to pay the above fine.

Reasons

Punishment of the crime

Defendant

A limited partnership company B is a corporation that has been awarded a contract for soil and water works in E construction work performed by D, which is established for the purpose of construction business and civil engineering work.

Defendant

A is a person who exercises overall control over matters concerning safety and health of employees under his/her control as a site director B of a limited partnership company at the site of Filwon in Yeongdeungpo-gu, Chungcheongnam-gu.

Defendant

D is a corporation established for the purpose of soil construction business, water supply and sewerage construction business, etc., and the defendant C is a corporation that manages the safety and health of its employees as a site manager of the above road construction work performed by the corporation D.

1. Defendant A’s business owner must install a work board with a width of at least 40 centimeters at a work site with a height of at least 2 meters, and take measures to prevent industrial accidents, such as installation of a safety rail, in cases where work is carried out in the highest part of the mobile slope, and the Defendant was in charge of safety duties at the above site on February 13, 2017, and at the time employees G were engaged in the steel-frame assembly of a drainage structure at the uppermost part of the height of 3.4 meters from the ground. In such cases, the Defendant, who is in charge of safety duties, has a duty of care to prevent accidents by taking necessary measures, such as installing a work board with a width of at least 40 centimeters, installing a safety rail, and allowing employees to wear a safety level.

Nevertheless, the Defendant neglected to install a work board in compliance with the Standards at the above date, time, and place, and did not pay safety level to workers, and did so to workers at the upper uppermost part of the safety rail without installing safety rail, and as a result, caused the Victim G (56 older) around 13:12 on February 13, 2017 to 3.4 meters high of 3.4 meters.