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(영문) 의정부지방법원 2016.04.11 2015고단4232

업무상과실치사등

Text

Defendant

A and B Imprisonment for six months, and Defendant C shall be punished by a fine of five million won, respectively.

provided, however, that the defendant A, a.

Reasons

Punishment of the crime

Defendant

A is a contractor who has been awarded a contract for the project to replace the roof of a factory in the above place from a corporation located in F on both weeks, and Defendant B is a representative director of C who has awarded a contract for the above roof replacement work, Defendant C is a corporation established for the purpose of electricity, gas steam and water supply business, etc. using nine full-time workers.

1. In the event that any work on the roof cover of robbery, such as asbestos slate and line lifts, is likely to be dangerous for workers, Defendant A (violation of the Industrial Safety and Health Act, occupational violation, and resulting in death or injury) shall take measures necessary to prevent a fall accident, such as installing a light of at least 30 centimeters in width, or installing a safety protection net, etc., and shall be obliged to pay a sub-lease in such a case where a worker works at a place where the object is at risk of falling or falling, if he/she works at a place where the object is at the risk of falling, falling, or falling, and where he/she works at a place where the height of at least two meters is at the risk of falling;

Nevertheless, at around 09:30 on August 6, 2015, the Defendant: (a) had his employees G at the above factory C Co., Ltd., Ltd., located in Yangju City F, without providing safety equipment, such as safety strings and safety strings; (b) had a long roof replacement work on the roof of about 7 meters higher than that of the above G; (c) had the roof board which was not maintained the lower part of the above G cut off, and cut down under 7 meters below G, and caused the death of G due to an external shock softened hingsing down on August 9, 2015.

Accordingly, the Defendant neglected the duty to prevent industrial accidents and the duty to take safety measures required on the job site, resulting in the death of the victim by negligence.

2. The owner of a business carried out in the same place as Defendant B (Violation of the Industrial Safety and Health Act) who has carried out a contract for part of the business separately;