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(영문) 인천지방법원 2016.09.07 2016고단3413

업무상과실치사등

Text

Defendants shall be punished by a fine of KRW 10,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a person in charge of safety and health management of the “D Removal Corporation” located in Seo-gu Incheon Metropolitan City, which is performed by Defendant B, and Defendant B is a corporation established for the purpose of electrical construction business, etc., and is a business owner who runs electrical construction business using 30 full-time workers.

1. When Defendant A’s business owner wears a safety belt at a place at a height of at least two meters at risk of falling, he/she shall install equipment, etc. to walk the safety belt, and in such cases, he/she shall take measures necessary to prevent the falling or swimming of the safety belt when he/she installs a support log, etc. with the safety belt installed;

In addition, in the case of assembling the lectures, if the business owner installs a vision near the processing path, he/she should remove the processing path or install a smoke-saving apparatus on the processing path, etc. to prevent contact with the processing path, and regularly check whether the smoke-proof protective outfits, etc. maintain safe performance.

On October 29, 2015, the Defendant neglected the duty of care to protect the life and body of his employees by taking such measures as above as the safety and health management manager of the company B, and caused their death by falling the shocking of the pipe pipe, while the victim G (55 years old) was engaged in the work of installing a smoke pipe near the Fitter in Seo-gu Incheon, Seo-gu, Incheon, while he moved the strong pipe pipe installed, while he was in the process of installing a smoke pipe, he did not install a smoke pipe.

2. A, who is an employee of the defendant B, committed an illegal act with respect to the defendant's business as described in paragraph 1.

Summary of Evidence

1. Defendant A’s legal statement

1. Statement of the police statement related H;

1. A report on internal investigation (a statement of investigation into disasters) shall be accompanied;