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대구지방법원 2019.05.30 2019고단130 (1)

업무상과실치사등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

Reasons

Punishment of the crime

1. Co-defendant B is the representative director of E who has subcontracted reinforced concrete construction work among the "(D)D neighborhood living facilities construction work" in Daegu Suwon-gu, which the Defendant performed, and is a person in charge of safety and health management in charge of workers' safety and health affairs.

Co., Ltd. E is a corporation established on March 2, 2004 for 15 business purposes, including soil construction business and reinforced concrete construction business, with its head office located in Daegu-gun F, and is a corporation owner who performs construction of reinforced concrete in the specialized field of “DD neighborhood living facilities construction business” under a subcontract from the Defendant.

Co-defendant G is a person in general charge of safety and health who has overall control over the safety and health of his/her employees and contractors as the site manager of the above "(main)D neighborhood living facilities construction work" performed by the defendant.

Defendant

A is a corporation established on August 6, 2002 for the purpose of 30 business purposes, including general construction business and civil engineering business, with its head office in Daegu Suwon-gu H, and is a business owner who is a corporation that subcontracts all of the construction works of reinforced concrete to the above E and employs workers engaged in non-office work.

2. Co-defendant B and G’s occupational failure, death, and violation of the Occupational Safety and Health Act on July 4, 2018, around 07:30, the Defendants ordered the victim I, a worker of the E, to establish an external vision 4-5 short-term work launch and a safe task force.

At the same time, the two-story Moba assembly work was in progress, and the work site is located at a height of 5.4 meters, and there was a risk that workers might fall.

In this case, the defendant G, who is the chief of the field office of the contractor and the general person in charge of safety.