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(영문) 부산지방법원 2018.08.20 2018고단881

업무상과실치사

Text

Defendants shall be punished by imprisonment without prison labor for six months.

However, as to the defendants, the above two-year period from the date of this judgment became final and conclusive.

Reasons

Punishment of the crime

[Status of Defendants] Defendant A is an employee of C Co., Ltd., who is a person in charge of safety management at the construction site at the Busan Jin-gu D Construction Site contracted by the Busan Jin-gu Office.

Defendant

B is an employee of E architect office who has entered into a contract with the Busan Jin-gu Office for the supervision of responsibility, who is responsible for the construction site at the above D Construction site, and is stationed at the above construction site, as prescribed by the Construction Technology Management Act, to confirm whether the building is constructed in accordance with the design books, and to take charge of guidance and supervision of quality control, construction management, safety management, etc.

[2] The Co., Ltd. started construction work from January 5, 2015, according to the construction contract for D construction work with the Busan Jin-gu office, Busan Jin-gu office, and started construction work to undergo the scheduled completion inspection on July 14, 2017.

The E architect, a corporation, was in charge of supervision over the D Construction Works according to the construction project management service contract, such as vicarious execution of supervisory authority over the D Construction Works with the Busan Jin-gu Office.

In the construction site of the above D, the construction site of the first floor is able to bring in the swimming pool of the second underground floor from the first underground floor to the fourth of the same month. Since the construction mold work was completed between July 2, 2017 and the period from July 2, 2017 to the April of the same month, but the ventilation was not attached, there was a risk of falling into the second underground floor at the construction site of the first floor.

Defendant

A As a person in charge of safety management of D construction works, A shall install a safety rail to prevent danger, such as workers' fall, and prohibit entry into a place at a risk of fall, and in a safety management plan submitted by C to the Busan Jin-gu Office, whether the contractor has installed a life rope and a safety rail in carrying out “metallic glass and inside and outside finishing works.”