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(영문) 대구지방법원 서부지원 2020.04.03 2019고단2202

업무상과실치사등

Text

Defendants shall be punished by imprisonment for four months.

except that the execution of each of the above penalties shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants are joint business owners performing the interior works of the building D heading of the Daegu-gu Office under a contract, and are in the position of controlling and managing the business of preventing danger or health disorder as stipulated in the safety and health rules for workers belonging to the said place of business.

On February 4, 2019, at around 14:00, the Defendants had the victim E (the aged 65) (the workers) who are workers at the site of the interior room of the building D heading of the Daegu-gu Cbuilding Building Building, work for the installation of a tent stone booming around the 1.3m high-quality mobile slope.

At the time, the victim was a person who sees the ceiling above the mobile-style system, so it is difficult to confirm the direction of the light in the course of the work, and the mobile-style system did not have a safety distress and safety level. Since the location of the mobile-style system was separated from the location of the twed installation, there was a possibility that the worker might fall against twed in the course of the work.

Considering the possibility of falling above, the Defendants had a duty of care to prevent accidents by installing a safety distress and safety belt in the mobile system, by moving the mobile system so as not to be separated from the location of installation at the time of carrying the mobile system work. In the event that the Defendants are in the position of controlling and managing the safety risks or health disorder as prescribed by the Safety and Health Rules, and are in the position of controlling and controlling the safety accident, they had a duty to take safety measures to install the safety distress.

Nevertheless, the Defendants were unable to jointly perform the above duty of care, and the Defendants did not install the safety guards and safety guards in the mobile vision, and did not move the safety guards to prevent the location of installation at the time of the mobile vision work, and did not perform the duty of safety measures, such as the installation of the safety guards, and did not perform the duty of safety measures, so the victims are in their body during the construction work of the tinble.