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(영문) 광주지방법원 2018.08.22 2018고단555

업무상과실치사등

Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant B is the representative of Defendant C Co., Ltd. and is a person in charge of the safety and health management of field workers in the process of “I installation works” performed in Naju City.

Defendant

A is a private constructor who performs construction works for steel structures with subcontracting in KRW 22,300,00 among the "I construction works" performed at H from the representative B of C, which is a person who actually exercises overall control over the safety and health of on-site workers.

2. The business owner who has contracted for the joint crime of Defendants B and A has a duty of care to take measures to prevent industrial accidents, such as safety education, when his employee works in a place at a risk of falling or falling.

In addition, one business owner has a duty of care to take measures to prevent industrial accidents, such as installing a safe passage to be used by his/her employee, and having an employee work in a place at a risk of falling not less than 2 meters, wearing a sub-lease, and installing a 30cm or more, or installing a safety net, etc., on the roof covering a dangerous material such as asbestos slate or line with strength.

Nevertheless, around July 24, 2017, the Defendants ordered victims of daily workers who did not wear safety belts at the above I sites to install structures on the roof of a factory in the site where safety routes and safety nets are not installed.

At around 14:18 on the same day, while the victim moved to work on the roof of the above factory, the roof line fells below the floor below about 9.6m in around 15:20 on the same day, and died at the main hospital of 5419 Nasan-ro, Naju-ro, 15:20 on the same day.

Accordingly, the Defendants do not take measures to prevent industrial accidents.