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(영문) 인천지방법원 2019.01.24 2018고단7053

업무상과실치사등

Text

[Defendant A] The defendant shall be punished by imprisonment for one year.

However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Status of Defendant D Co., Ltd. (formerly: E Co., Ltd.) is a corporation established for the purpose of the construction business, etc. in the Bupyeong-gu Incheon Metropolitan Government F and H, and the construction business in the Bupyeong-gu Incheon Metropolitan City H “H Complex Construction Business” (hereinafter “instant new construction business”). J Co., Ltd. is a business owner who performs the “H main complex construction business” in the Bupyeong-gu Incheon Metropolitan City H under a contract with I, and J Co., Ltd. is a contractor who performs the instant new construction business upon receiving a subcontract from D during the instant new construction business, and K Co.

Defendant

C is a general director of D Co., Ltd. who is in charge of the progress of the new construction of this case and the management of funds while substantially operating the said company.

Defendant

A is a director of the new construction site of the D Co., Ltd., and is a person in charge of safety and health management who exercises overall control over matters concerning safety and health of its employees and contractors.

Defendant

B is a worker who had been employed in the above construction site according to the direction and supervision of Defendant A.

The victim L(54) is the head of the wooden mold work team under the J corporation. The victim M(n, 47 years old) is a daily worker in charge of cleaning work under the J corporation. The victim N(44 years old) is the head of K corporation affiliated with K corporation who manages and supervises the progress of electrical construction. The victim P(55 years old) and the victim P(31 years old) are the employees of electric installations under the K corporation under the jurisdiction of K corporation. The victim Q(n, 28 years old) is the resident of RS who resides in the building adjacent to the building site.

【Criminal Facts】

1. Crimes committed on March 30, 2018;

A. From March 2018, Defendant B, Defendant A, and Defendant C’s co-principaled on or around the instant new construction project, the following Defendants B were employed as a worker for daily employment upon the request of the Plaintiff upon inquiring of the business entity who performed the stone construction work among the new construction projects of this case, and upon the request of the Defendant B. Defendant A was employed as a worker for daily employment. < Amended by Act No. 15048, Mar. 30, 2018>