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(영문) 부산지방법원 2014.05.21 2013고단6196

업무상과실치사등

Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

B The actual operator of D (hereinafter referred to as D) mainly engaged in the Boingging Construction Works, who is awarded a subcontract for the removal of commercial buildings and factory buildings in F from the corporation E, and the defendant A is a person who is the head of the construction site at the above construction site.

Defendant

A, as a safety manager at the above construction site, where an employee uses electric machinery and appliances at least 150 cc of the site voltage at the risk of electric shock in order to prevent danger of electric shock, he/she has a duty of care to take prompt measures to prevent electric shock, to contact with the prevention of electric shock, to install a leakage circuit breaker, to prepare a work plan including the method of dismantling and the order of dismantling, etc., and Defendant B, as an actual operator of the above construction site, is in charge of overall management and supervision of the construction site of the above commercial building and factory building through the above A. As such, the above A is obliged to comply with safety rules, to provide safety education to its employees in advance, and to continuously supervise whether the above A complies with such instructions, and has a duty of care to prevent safety accidents.

Nevertheless, the Defendants did not take any action or contact for their employees by negligence, and Defendant A did not install a system for blocking leakage, which includes the method of dissolution and the order of dissolution. Defendant B did not comply with the above safety rules, or did not instruct employees under his control to provide safety education.

However, at around 14:00 on July 12, 2013, the victim G (one person H) who is an employee belonging to the above construction site is voltaged on the site of employment.