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(영문) 부산지방법원 2015.05.14 2014고단10121

업무상과실치상

Text

Defendant

A and B shall be punished by imprisonment without prison labor for six months, and Defendant C shall be punished by imprisonment without prison labor for four months.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

C work as the deputy head from F Co., Ltd. in Busan-gun E, and the F Co., Ltd. is the site director of H hotel construction in Busan-gu G, and the F is responsible for the overall management and supervision of the construction site such as the safety management of the entire construction site.

Defendant

B works as the head of J's official duty in Busan District, and as the general manager of machinery installation among the above H H H H H hotel construction works being subcontracted by JF Co., Ltd. F, he was in charge of construction site management, construction instructions, safety management, etc.

Defendant

A works as a staff member of the J, and was in charge of the work site management, construction direction, etc. as the director of the machinery installation site among the above H H H H hotel construction works.

On June 7, 2014, at around 10:30, the Defendants were engaged in the 2nd floor mechanical room underground in the construction site of the H hotel. In such a case, the Defendants, who are in charge of the work instruction and safety management, had a duty of care to ensure that workers in the above tank scambling project would use a safe thick-scacker with which they can change the weight of the tank, install a safety level or safety board, and conduct the detailed safety education prior to the work so that they do not scam the tank.

Nevertheless, the Defendants neglected this and ordered workers, including the Ka (54 years old) of the piping Authorized Victim K (54) to enter a water supply storage tank with a thickness of about 6 meters up to 2,345 km. Defendant B and C did not provide safety equipment such as safety level or safety board, which need to be installed for safety during the above work, and did not provide specific safety education.