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(영문) 춘천지방법원 2017.12.05 2017고단1097

업무상과실치사등

Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of five million won.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A is a managing director of B Co., Ltd. (hereinafter referred to as “B”), a manager at the site of “Daehancheon-gun Eelectric Power Facility Improvement Works (former New Stocks Transfer Works)”, and Defendant B is a corporation owner who is a corporation established for the purpose of electrical construction business, etc. in the F located in Gangwon-gun, Gangwon-do, Gangwon-do, and is a corporation owner who performs the said construction works by giving orders from G.

1. Defendant A

A. On July 24, 2017, the Defendant: (a) violated the Industrial Safety and Health Act in relation to the death of workers H; and (b) caused death or injury from occupational or occupational injury to the Defendant, at the above construction site around 15:40 on July 24, 2017, caused the victim H (61 years of age) to remove the amount of L/W to remove the removal of power distribution facilities.

At least 10.55 meters in the height of the telegraph station, there was a danger of falling and collapse or electric shock, and thus, the Defendant, as a person in charge of safety management in the above field, has a duty of care to prevent the danger of workers, such as the fall and collapse of the telegraph station, etc., by conducting a prior investigation into the topography, ground, and geographical layer of the relevant workplace in order to prevent the danger of workers before performing the work of cancelling the telegraph station, etc., taking into account the result thereof, and by preparing a work plan in consideration of the result, and allowing the work to be carried out accordingly. In addition, there was a duty of care to prevent the collapse of workers, such as conducting safety evaluation in order to prevent the collapse due to the weight, snow, wind pressure or added load of the structure, building, and other facilities.

Nevertheless, the Defendant neglected to do so and did not prepare a work plan for dismantling electric poles, and did not conduct safety evaluation such as safety diagnosis in advance, and caused damage to the electric utility by occupational negligence, which was caused by the lower end of the electric utility while removing L-type complete payments, which was set up on the front week with a height of 10.5m high, and went beyond the upper end of the electric utility station, and received treatment at the Hancheon-si Hospital located mainly in the number of Gangwon-si, Gangwon-do University.