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(영문) 대구지방법원김천지원 2020.12.17 2020고단880

업무상과실치사등

Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 4,000,000 won.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendant

B A is a personal business owner who has been awarded a contract of KRW 7,190,000 for construction works for the new construction of a warehouse in the G Kimcheon-si in the same city F from the owner of the order, in the name of "D" in the Gyeongcheon-si Kimcheon-si, Kimcheon-si, and who has been performing construction works in the name of "I" in the same city from November 23, 2019 to November 25, 2019, and Defendant A is a person who runs a construction business in the name of "I" in the same city from D operated by Defendant B to the construction works for the new construction of a steel frame assembly and board in the above warehouse amounting to KRW 4,50,000,000, contracted with the victim J (53 years old at that time), K, and L, and is a personal business owner who has employed three workers, including others, from November 23, 2019 to November 25, 2019.

1. On November 25, 2019, Defendant A’s violation of the Occupational Safety and Health Act and the occupational injury, etc. of Defendant A caused the victim to perform the installation of a roof board at a height of approximately 168cm BT AS mobile bT (Garo 81cc, vertical length 71cc) at the construction site of the new construction site. The victim was in charge of the adjustment of the position to put the board at the top of the above mobile string (1m, 38km, length 1m, 1m7m, weight 38km) on the roof at the top of the above mobile string.

In such cases, the Defendant, as the business owner, has a duty of care to take necessary measures to prevent the fall and industrial accidents of workers, such as the installation of safety rails, when he/she engages in the work at the highest part of the vision by assembling the mobile strings.

Nevertheless, the Defendant is negligent in the course of performing duties, which does not take necessary measures to prevent industrial accidents, such as having a victim, who is working in the setting of a board on the mobile-line, work without wearing a safety line.