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(영문) 의정부지방법원 고양지원 2016.10.27 2016고단2138

업무상과실치상

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Defendants shall be punished by imprisonment without prison labor for ten months.

However, the execution of each of the above penalties for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B is a person in charge of safety management who exercises overall control over the direction, supervision, safety management, etc. of the construction site as the head of the construction execution department (ju)D of the construction execution business of the building construction work of the Nam-gu Incheon Metropolitan City, and the defendant A is the head of the subcontractor (ju) E in the construction site of the construction site.

Defendant

A, after the construction of a balcony rail, where a shower part of a balcony is being carried out, a balcony rail play a safety stand, so it is necessary to install a balcony rail in an accurate and strong manner. Defendant B, as a general manager in charge of safety management in the construction site, has a duty of care to ensure that workers engaged in other operations do not fall, etc. in the construction site, in order to ensure that the construction of a balcony rail, which serves as a safety stand, is accurate and strong.

Nevertheless, the Defendants neglected to do so and completed the work of fixing balcony railing on No. 101 and No. 1201 at the construction site of the above apartment construction site and Defendant A’s work as it is. Defendant B, as the above, failed to fix balcony railing on No. 101 and No. 1201 at the construction site of the above apartment construction site, thereby having the following process progress without confirmation even though there was a risk of fall by workers working at that site, thereby having the following process progress without confirmation. From September 3, 2015, around 08:10, around 1015, the victim F (year 42) expected to fall into a balcony, along with a net rail.

As a result, the Defendants jointly suffered injury to the victim due to the above occupational negligence, such as an injury to the 140-day headless wound, which requires approximately 140 days of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written diagnosis of injury;

1. On-site reports on results of field identification;

1. Application of statutes on site photographs;

1. Relevant Articles of the Act concerning the facts constituting the crime;