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(영문) 수원지방법원 성남지원 2015.10.08 2015고단575

업무상과실치사등

Text

Defendants are not guilty.

Reasons

Defendant (State) is a corporation established for the purpose of construction business, etc., and Defendant (State)C is a business owner who executes new construction works of Jable block 6 sections, and Defendant (State)C is a corporation established for the purpose of construction business, etc., which is a business owner who performs new construction works of new construction works of Jable block 6 sections under subcontract from D.

Defendant

A is a person in general charge of safety and health in the field of Jable Section 6 of D, who is the head of (ju) D site, and the head of (ju) C site as the person in charge of safety and health management.

1. On December 29, 2014, Defendant A and Defendants B instructed the victim K to dismantle V from the pit pumps installed at the 1807 dong 15th floor at the Hanam-si J block construction site on December 29, 2014

The Defendants, as the chief of the on-site station and the person in charge of the field work at a place with a height of at least two meters, shall install a work plate when they are likely to pose a danger to workers by fall, and when they are unable to install it, they shall install a safety watch, or have workers wear a safety watch, and when they assemble, dismantle, or alter a rain gauge of at least five meters in the month or height, they shall accurately inform workers engaged in the relevant work of the timing, scope and procedure of assembly, dissolution or alteration, and when they connect and dismantle non-materials, they shall have the duty of care to prevent the accidents of workers by fall in advance, such as installing a light board at least 20cm in width and taking measures to prevent fall by using a safety check.

Nevertheless, the Defendants neglected this and did not accurately inform the employees engaged in the assembly, dissolution or alteration of the victim, and did not use the safety net or safety belt to fix the mine pumps that are not carried out on the nivers equipment.