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(영문) 광주지방법원순천지원 2020.09.10 2019고단3009

업무상과실치사등

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[Defendant A, B] Defendant B and A shall be punished by imprisonment for six months.

However, this judgment is delivered to the above Defendants.

Reasons

Punishment of the crime

[Basic Facts] Defendant C Co., Ltd. was established for the purpose of construction in Jeoncheon-si, Jeoncheon-si, and was established for the purpose of construction in Jeonnam-si, and the “F creation and remodelling construction work during the construction site” is a business owner who carries out construction works from G to 8,406,00,000 won of the construction cost. Defendant B is a director at the site of the above construction site, who is in general charge of employees and beneficiaries’ work, and Defendant A is a person in charge of safety and health management for its employees. Defendant A received a contract from Defendant C Co., Ltd. for “I-new construction work during the I-built construction site,” and received KRW 153,893,645 of the construction cost of glass construction work in the name of “JJ”, and is a person in charge of safety and health management for its employees.

【Criminal Facts】

1. Crimes related to the death of the victim K;

A. At around May 8, 2019, Defendants A and B had the victim K (year 52) who is an employee of the “J” at the above construction site, work to perform approximately KRW 75-80 km glass from the floor at a place where approximately 4 meters high from the floor of the said construction site.

In such cases, Defendant A had a duty of care to take necessary measures to prevent accidents, such as performing the duty to take safety measures as set forth below, and Defendant B had a duty of care to divide part of the business performed in the same place into the same place and have the workers employed by the contractor work at the place where the contractor is at a risk of fall. As such, Defendant B had a duty of care to take necessary measures to prevent accidents, such as performing the duty to take safety measures as set forth below.

1. The business owner shall pay a safety cap to a worker engaged in any work, the object of which is likely to fall or fall off, or which is likely to fall.