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(영문) 춘천지방법원 2018.10.18 2018고단748

업무상과실치사등

Text

Defendant

A and C shall be punished by imprisonment for six months, by a fine of five million won, respectively.

Reasons

Punishment of the crime

Defendant

A as a site manager in B, Defendant B is a corporation established for the purpose of the soil construction business located in Chuncheon City E, and Defendant C is a site manager in the field of D Co., Ltd., and Defendant D Co., Ltd is a corporation established for the purpose of performing public works and construction works in Yejin-gu, Seoul. Defendant D Co., Ltd is a person in charge of safety and health for its employees.

Defendant

D Co., Ltd. was awarded a contract for “G” construction ordered by the managing authority of the national land in the territory of the Ministry of Land, Infrastructure and Transport on March 2015, and Defendant B Co., Ltd. was awarded a contract for the said construction from Defendant D Co., Ltd. on March 2017.

1. Defendant A’s business owner has a duty of care to take measures necessary to prevent the fall risk, such as assembling a vision, etc. when he/she engages in work in a place at the risk of falling down at work, and allowing employees to wear a safety cap, etc.

Nevertheless, the Defendant, at around 16:50 on January 8, 2018, fell from the floor of the work, and died due to damage to the two sides of the two sides of the two sides of the two sides, on the same day among the two sides of the two sides of the two sides of the two sides of the three-meter radius of the victim I (56 years old) in the victim I (56) who was employed in work at the site of the above G Corporation located in Chuncheon-si. In addition, the Defendant did not install a work board at the end of the three-meter radius, and did not have the victim wear safety caps, etc.

Accordingly, the Defendant caused the death of the victim by occupational negligence as seen above, and at the same time, did not take necessary measures to prevent the danger at a place where a worker might fall during work, thereby causing the death of the victim of the worker.

2. Defendant B, a stock company, is the defendant.