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(영문) 의정부지방법원 2018.07.25 2018고단633

업무상과실치사등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a safety and health manager responsible for matters concerning the safety and health of workers at work site with three regular workers from July 13, 2017 upon receiving a contract for the extension of a dormitory from C (hereinafter referred to as “C”) located in both weeks.

The Defendant, around September 14:15, 2017, on the top of the top roof of the board structure located on the front roof of the board in the construction site of the extension of a dormitory, had the victim D (50 cm) undergo an education to prevent safety accidents, shall be thoroughly conducted for workers engaged in work at the risk of falling, and safety caps shall be paid and worn with the safety caps. If workers are likely to suffer danger when engaged in work at the place where the danger of falling or falling is likely to fall, work teams shall be installed by means of assembling the rain, etc., and if it is difficult for workers to install the safety wire, the Defendant shall have workers wear the safety wire at the place where the danger of falling is likely to fall, and if it is difficult for workers to install the safety wire, the Defendant shall have workers wear the safety wire at the place where it is difficult to install the safety wire, fence, vertical fall, cover, etc., and if it is difficult to install the safety wire, the Defendant shall have the duty of care to install the safety net, and if it is difficult to install it.

Nevertheless, the Defendant did not take such measures as above and caused the death of the victim by occupational negligence, which caused the victim to work in a place at the risk of falling as above, to fall on the ground below about 10 meters on the roof of the above roof D (50).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement 1. F made to F by Special Judicial Police Officers