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(영문) 인천지방법원 2019.07.05 2018고단9366

업무상과실치사등

Text

Defendant

A shall be punished by a fine of KRW 10,000,00, Defendant B and C by a fine of KRW 5,000,000, respectively.

Defendant

A.

Reasons

Punishment of the crime

Defendant C Co., Ltd. is a corporation established for the purpose of construction business, etc. with its head office in Yeonsu-gu, Incheon, and the first floor, and a business owner who contracted for the construction of Ftel in Nam-gu, Incheon, for the purpose of 3,520,000,000 won from G.

Defendant

A as the site director of the above corporation, is a person who manages the safety and health affairs to prevent industrial accidents to the contractor's employees.

Defendant

B was a personal business owner who was awarded a subcontract in 292,575,000 won in the above construction site from C Co., Ltd. and was employed as a victim H(57 years of age).

1. Defendant A and B committed the crime at the construction site from October 20, 2017 (on November 30, 2018, the scheduled date of completion), Defendant A had the wooden workers employed by Defendant B, the contractor of C Co., Ltd, perform the work of dismantling dys.

In such a case, Defendant A, a contractor’s site manager, constitutes work at a place where an industrial accident is likely to occur, such as a place where his employees install or dismantle a rain or scam, etc., and Defendant B, at the above construction site, served as a personal business owner who employs the victim as a wooden hole and a victim directly sckes by using a sckele, and thus, Defendants B shall conduct a prior investigation into the relevant work, etc. in order to prevent the danger of workers, record and preserve the results of the investigation, and prepare a work plan in consideration of the results of the investigation. ② The work plan shall be prepared at the place where the workers might fall at the end or opening of the work launch board and passage, and the safety measures, fences, vertical fall-off net or cover, etc. shall be installed in a strong structure with sufficient strength.