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(영문) 수원지방법원 2019.09.20 2019고단989

업무상과실치사등

Text

Defendant

A Imprisonment of eight months, and Defendant B shall be punished by imprisonment without prison labor of eight months, respectively.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative of the D Company that performs the painting construction work in Nam-gu Incheon Metropolitan City, and Defendant B is the person who manages the hospital facilities of the head of the F Hospital in Suwon-si E.

Defendant

A entered into a construction contract with G, the planning director of the F Hospital on June 4, 2018, and the term “the waterproof Construction Work for the Hospital Roof” with the construction cost of KRW 8.3 million and the construction period of KRW 7,000,000, and according to the direction of Defendant B, one working person including the victim H(38 years of age) and the construction work for the rooftop of the said hospital began from June 4, 2018.

Defendant

A around 12:25 on June 7, 2018, around 12:25, performed waterproof construction on the rooftop of the F Hospital, and had the victim clean the removed seal of the floor near the special high-tension transformers (150km) installed on the rooftop.

Since there is a special high voltage system, Defendant A, a business owner, had workers working at a place in danger of shock, wear a string protective protective outfit and have them wear it. Defendant B had a duty of care to allow them to perform work at a certain stage of time, or to perform work after installing a string cover with sufficient smoke-effective effect, or to stop work at a work supervisor at a place in danger of shock. Defendant B had a duty of care to ensure the prevention of a sudden shock accident of workers working at a place in danger of shock.

Nevertheless, the Defendants neglected the above duty of care, and Defendant A did not pay a smoke-saving protective outfit to the victim, and the Defendants B did work adjacent to the transformers, and Defendant B did with the currents of the transformers by installing a smoke-durging dog, etc.