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(영문) 대구지방법원 안동지원 2016.05.13 2016고단68

업무상과실치상등

Text

1. Defendant A

(a) The sentence against the defendant shall be four months of imprisonment;

(b) provided, however, that this judgment has become final and conclusive.

Reasons

Punishment of the crime

Defendant

B A corporation is a corporation established with its head office in Mapo-gu Seoul and five floors for the purpose of performing interior construction business, etc., and is a business owner who worked for the construction period from July 29, 2014 to February 29, 2016 with approximately 30 full-time workers awarded a subcontract from Defendant D Co., Ltd. and H Co., Ltd., and I, a private person in charge of creating the above arboretum to create the above arboretum (the total construction cost of KRW 1,870,000,000 for several construction works).

Defendant

A, as a general director of the above corporation B, is a person who has been living at the site with the actual authority and responsibility for the management of the site in relation to the above corporation's construction site and who has been responsible for and managed and supervised all matters concerning safety and health of workers belonging to the above corporation, and who acts for the above corporation as a business owner.

Defendant

D Co., Ltd. is a corporation established with its head office in the Dong-gu J and fourth floor and for the purpose of civil engineering, construction works, packing construction contracts, etc., and jointly with H Co., Ltd. and I, jointly with H Co., Ltd. and I, a business owner who performs the above construction works with a share of 50.0% from December 7, 2011 to May 31, 201 by being awarded a contract for the creation of the said arboretum in total amount of KRW 7,91,100,000 from the Public Procurement Service.

Defendant

C The above D Co., Ltd., 50.0%, the above H Co., Ltd., 25.0%, and the above I Co., Ltd., 25.0% shares and 25.0% shares, are an agent at the site of the relevant arboretum creation project who controls and supervises all matters concerning the safety and health of workers belonging to the said D Co., Ltd. and employees belonging to sewage level, and is a business owner for the above three Co., Ltd.

1. Defendant A

A. On September 5, 2015, a business owner violating the Industrial Safety and Health Act and resulting in death or injury in the course of his/her duties shall be a place where a worker is likely to fall during his/her work, soil sand and structures, etc.