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(영문) 대전지방법원 천안지원 2016.05.12 2015고정811

업무상과실치사등

Text

Defendants shall be punished by a fine of KRW 5,000,000.

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 management as a field manager of Defendant B, a facility company at the scene of the new E-construction project located in Nam-gu, Nam-gu, Seoul Metropolitan City.

1. On March 20, 2015, Defendant A issued a work instruction to the employees of Defendant B, including the victim F (57 years old), etc., to conduct cleaning and rearrangement in the vicinity of the indoor interior interior interior interior interior interior interior interior interior interior works at the same time, Nam-gu, Nam-gu, Chungcheongnam-gu, 2015, to the employees of Defendant B, including the victim F (57 years old).

In such a case, when the Defendant, as a field manager and safety manager, had his employees such as the victim, etc. clean the residues generated after the interior interior of the third floor of the above building, he had a duty of care to take safety measures in advance, such as installing a fall prevention network or a rail blocking in the corridor rail of the third floor of the above building, which is a down dangerous area with no safety facilities, or preventing a fall accident that may occur during the work, if it is difficult to install it, he had a worker wear a safety belt to take safety measures.

Nevertheless, the Defendant neglected this and caused the death of the victim and other employees by the negligence of having the victim work in a timely manner, and caused the victim to die by shocking the blood shock, etc. on the ground below 11.9m, while moving to a corridor leading to the above-mentioned place without safety facilities.

2. The Defendant B Co., Ltd. caused the death of a worker in violation of the duty to take preventive measures as above, at the above date, at the above place, and at the Defendant A, an employer of the Defendant.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of witness G;

1. Statement made to the defendant A in a protocol concerning the interrogation of the suspect;

1. Statement of each police statement made to H and I;

1. The occurrence of a fall accident;