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(영문) 서울남부지방법원 2017.10.17 2017고단2051

업무상과실치사

Text

1. The defendant shall be punished by a fine of KRW 10 million;

2. If the defendant does not pay the above fine, only one hundred thousand won.

Reasons

Punishment of the crime

The defendant is a staff member of C Co., Ltd. and a manager of safety and health management at the site of the Gangseo-gu Seoul Metropolitan Government D New Construction Site.

On December 13, 2016, the Defendant had the victim E (58 tax years) of his employee E (58 years) work at the fourth floor of the SLC at the construction site of the said D New Construction Work site.

In such cases, the Defendant, a person in charge of safety and health management, has a duty of care to install a safe passage to be used by a worker at a place or workplace and maintain it at all times.

Nevertheless, the Defendant did not discover any bridge and left it as it is, despite the removal of two (1.75m height 1 of the bridges) among the three roads, which are the passage of access to work sites for the central bend of the fourth floor of the above D New Construction site.

The defendant did not perform his duty to take safety measures because he did not install and maintain a safe passage in a place leading to the workplace or a place of work as above, and at the same time, around December 13, 2016, the defendant did not discover that the victim, who had been engaged in concrete typing operations on the fourth floor of the SLC at the 4th floor of the construction site of the new D Construction site, completed the work and completed the work, and cut down from approximately 3.5 meters at a height of approximately 18:30 meters in Seoul, Yangcheon-gu, Seoul, to die due to the second damage to the two parts of the credit.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F or G by the police;

1. A subcontract for construction, a labor contract, or a contract for construction works;

1. List of evidence of appointment of a person in charge of safety and health management 8;

1. A written opinion on disaster investigation;

1. Application of Acts and subordinate statutes to dead bodies;

1. Articles 66-2 and 23 (3) (Non-Implementation of Safety Measures) of the relevant Act on the Safety and Health of theo Industry pursuant to Article 268 of the said Act on the criminal facts;

1. Trade name;

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