업무상과실치상
Defendant
A shall be punished by imprisonment without prison labor for six months, and by imprisonment for eight months, respectively.
, however, for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Defendant A and Defendant B’s occupational injury caused by occupational negligence is the field agent of H Co., Ltd. (hereinafter “construction work in this case”) which is the contractor of the “G factory construction work” in the former-nam-gun F (hereinafter “instant construction work”). Defendant B is a person in charge of safety management and risk prevention of workers at the construction site. Defendant B is a person in charge of safety management and risk prevention of workers at the construction site who subcontracted the above construction work to H Co., Ltd. and subcontracted the machinery and equipment construction work from H Co., Ltd. as the representative of H Co., Ltd. and subcontracted machinery and equipment construction work.
On July 2, 2013, the victim K (the age of 47) who is a contracting company J of a non-registered construction company that received a sub-subcontract for the ventilation Work from Company I had a risk of falling because it had been engaged in the work within a ceiling located at a height of about 14 meters from the ground to carry out the ventilation Work at the construction site of the instant building site. In the event that it is engaged in the work at a place at the risk of falling, the person engaged in the general management of safety at the construction site of the construction site and the safety management at the subcontracted construction site, who is engaged in the safety net installation at the site at the risk of falling, the safety net installation, safety education to the on-site workers, safety labelling, etc., and has a duty of care to prevent safety accidents, such as fall, by inspecting whether workers wear safety equipment at the site, and on-site management status.
Nevertheless, the Defendants neglected this and did not provide safety equipment, such as safety level, to the victim who performed tent work without installing a safety net at the site. While neglecting safety education, on-site management, etc. without being stationed at the site, the Defendants had the victim proceed with rink work at the tent in the construction site of this case while leading the victim to the weight of the victim.