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(영문) 서울남부지방법원 2018.05.23 2017고단4868

업무상과실치사등

Text

Defendant

A shall be punished by a fine of KRW 7,00,00, and Defendant B and Defendant C shall be punished by a fine of KRW 3,000,000.

Reasons

Punishment of the crime

1. Defendant A is the actual owner of E (registered name F) located on the Do1st floor in Bupyeong-si, Seocheon-gu, Seoul. Defendant A is a person who is responsible for safety and health at the site of the construction of the entire water distribution due to the new construction of H relocation in Yangcheon-gu, Seoul (hereinafter “Defendant Company”) subcontracted by Defendant C (hereinafter “Defendant Company”).

Defendant

A around November 13, 2016, around 11:30, around H had been engaged in the work of moving transformers ( approximately approximately 2.9 tons) from the first floor to the underground floor in relation to the instant construction work.

In this case, in order to prevent workers' danger pursuant to the provisions of the Industrial Safety and Health Act, Defendant A has a duty of care and safety measures to be used by preparing a work plan containing safety measures to prevent the collapse, falling, falling, electric power failure, narrowness, and collapse risk, and assessing the safety of structures, buildings and other hazards in the event of a structure, buildings and other risks, and removing the risk to workers in advance. In accordance with the provisions of the Industrial Safety and Health Act, where a chain block is used in construction process, the chain upper upper upper upper part of the lux and lower part of the lux and the duty of care and safety measures to be taken.

Nevertheless, Defendant A neglected to perform the safety measures stipulated in the Industrial Safety and Health Act, but did not perform the duty of care under the Industrial Safety and Health Act. Defendant A covered the part of the victim I (47 cc) by the person who worked at the construction site of this case as the victim, who was in charge of the work at the construction site of this case, in a state inappropriate to approximately 5.2 cc away from the product description (the effective mix) standards, unlike the product description (8cc).

After all, the defendant A is described in paragraph 2.