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(영문) 전주지방법원군산지원 2020.08.12 2020고단510

업무상과실치사등

Text

[Defendant A] The defendant A shall be punished by imprisonment for six months.

However, with respect to Defendant A, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a field manager of the "E Replacement Corporation (the antenna that transmits and receives military information)" performed in the Air Force Shooting Training Site in the Do of Gunssan-si. A is a person in charge of safety and health management for the employees under his/her control.

Defendant

A Co., Ltd. is a corporation established on November 15, 2001 for the purpose of general telecommunications construction in Gangnam-si F, and is a business owner under the Occupational Safety and Health Act who performs construction works by being awarded a contract with the Armed Forces Finance Management Board for the total construction cost of KRW 1,502,402,30 from June 24, 2019 to November 30, 2019.

1. On August 27, 2019, at around 13:10 on August 27, 2019, Defendant A instructed the victim G (the age of 66) to check the water pumping devices installed to supply seawater to toilets to employees belonging to concrete structures (building structures installed to mark shooting marks) located in the south of the Do.

There is a place adjacent to the sea level, and the height from the sea level is about 3 meters at the above temporary border, and the floor is cut down by the parts of the concrete structure at the above time, and there is a danger that workers may fall down and fall into the water. In such a case, the defendant, who is the safety management manager, has a duty of care to take necessary measures for life-saving, such as providing life jackets to workers.

Nevertheless, the Defendant: (a) failed to take safety measures, such as failure to pay life jackets to the victim; (b) caused the victim G to fall into the part of a concrete building in the course of the water pumping machine inspection around August 27, 2019 and fall into the sea.