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(영문) 부산지방법원 2016.07.06 2016고단1396

업무상과실치사등

Text

Defendant

A Imprisonment of six months, Defendant B, Defendant C, and Defendant E are punished by a fine of 5,00,000,000 won.

Reasons

Punishment of the crime

Defendant

A As part of Defendant B, the head of the field office in charge of the overall management of employees’ safety and health at the “J New Construction Corporation” located in Busan-gu, Busan-gu, which is performed by Defendant B, is a corporation established for the purpose of carrying out the steel reinforced concrete construction business with the head office located in the Busan-do, and Defendant D’s business owner who was subcontracted to KRW 8,383,122,190 among the “J New Construction Corporation” by Defendant D and performed the mold construction work from December 26, 2014 to August 31, 2016.

Defendant

C As Defendant D’s employees, the head of the field office in charge of the overall management of the safety and health of workers employed by Defendant B, the field employees and the supply and demand of Defendant B, who belong to the above J Construction site, is a person in charge of safety and health management. Defendant D is a person in charge of safety and health management of Defendant D’s employees. Defendant D is a corporation established for the purpose of construction business with its head office located in Busan Jin-gu L, and the said “J New Construction Corporation” was contracted for KRW 85,51,739,000 and performed from August 1, 2014 to June 30, 2017.

1. On September 13, 2015, Defendant C, E, and Defendant A’s joint criminal defendants were engaged in the work of installing a 309-dong outer wall of the 309-dong outer wall, which is a weight of 1,159kg, by using the person who works for Defendant B, M, and the victim N (48 taxes) at the second underground working site of the said 309-dong “J New Construction Corporation”.

In such cases, Defendant A and Defendant E, as a person in charge of safety management of the above work, have engaged in the handling of heavy objects in the places at risk of falling, falling, falling, electric streaming, narrowing, and collapse. As such, a work plan which includes preventive measures, operational routes, working methods, etc. is prepared to have the person in charge of safety management of safety and health of the above work perform work in accordance with the plan, and a food boom.