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(영문) 대전지방법원 천안지원 2014.11.13 2014고단1148

업무상과실치사

Text

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

However, 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

Defendant

A is the owner of the hanok-si Construction Work in the Asia-si F, and Defendant B is the head of the Working Group at the construction site above the waterways.

On May 5, 2014, at around 09:48, the Defendants issued a work instruction to the victim G (59 years of age) who is an employee in performing construction works to connect women to the roof trusses, which is a roof trusses, within the construction site of the hanok House.

In doing so, the Defendants, as a field manager, should provide safety education to workers, should conduct pre-inspection of the topography of work and work site, etc. in order to prevent the risk of accidents, and prepare work plans according to the results thereof. In order to prevent the falling, the Defendants had a duty of care to check whether they actually wear safety equipment, such as the installation of safety caps and safety belts, and to check whether they actually wear safety equipment.

Nevertheless, the Defendants neglected to prepare a work plan and did not install a safety belt at the place where the victim is working, and did not confirm the existence of safety equipment such as the safety cap of the victim, and ordered the victim to work on the roof trusses of about 4 meters with a height of about 3 meters through a wooden board board (4 meters in length, 30cm in width, 5cm in thickness).

In the end, the Defendants conspired to neglect the duty of care as above and caused the victim to do so at a four-meter range of 4 meters.

It caused the death of a wooden board in a shocked state caused by crym cage cage cages, external shocks, and scarfs, scarfs, and scarfs in the form of a concrete floor, which is laid by the wooden board.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to H, A, B, I, J, and K;

1. The situation report, investigation report (related to the business trip investigation at the falling site of the Boan District Office in Labor), and the business trip name.