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(영문) 인천지방법원 2013.11.21 2013고단6019

업무상과실치사

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of the C Co., Ltd. who employs victim D (the age of 43) as a worker, and is the person in charge of safety management at the construction site of neighborhood living facilities in Incheon Gyeyang-gu.

1. At around 11:40 on May 2, 2013, the Defendant instructed the victim to install water tanks, one of the assembly type warehouses and the exterior walls of the above neighborhood living facilities, through the head of the working group at the construction site F.

In such cases, the defendant, who is the person in charge of safety management at the above construction site, has a duty of care to prevent the fall accident, such as providing safety education in advance, providing guidance on wearing safety equipment, such as safety altitude, safety caps, and compelling him/her to wear safety equipment at the time of use, installing tring leases, etc.

Nevertheless, the Defendant neglected this and did not check whether the victim, who was engaged in the construction of water on the steel framed outer wall on the pelpel wall at a height of about five meters, wear the safety string and safety strings, and did not install strings, etc., by negligence, which did not take safety measures, caused the victim to be in the center of the work and fall into the concrete floor, and caused the victim to be in the two frameworks by getting the victim to fall into the concrete floor, and on May 7, 2013, at the H Hospital middle-patient's clinic located in Gyeyang-gu Incheon Metropolitan City, the death caused the death of the brain strings.

2. The Defendant, as a business owner, was required to install a work launch board by means of assembling a bridge, etc., in a case where it is likely that an employee might fall or fall at a place where the employee might fall or fall. However, even though the Defendant, as a business owner, had D, an employee, carry out a work of installing water on a bridge at a height of 5 meters, which is a place where the employees might fall, at the same time and place as the above paragraph 1

Accordingly, the defendant is likely to fall at the same time as the occupational negligence in the above paragraph (1).