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(영문) 서울중앙지방법원 2015.02.02 2014고단8616

업무상과실치상

Text

Defendant

A A Fines of 7,00,000 won, Defendant B of 4,000,000 won, Defendant C of 3,000,000 won, respectively.

Reasons

Punishment of the crime

Defendant

A is a corporation (juE director and on-site director, and Defendant C is the head of the on-site working group, a corporation established for the purpose of civil engineering and building works.

1. In order to prevent harm and danger resulting from the construction or demolition of a building, the contractor of a building in violation of the Building Act of Defendant A shall, in cases where material objects fall or are likely to fall due to such work, set up a network for the prevention of falling water, a vertical protection net, or an area where access is prohibited, and, in cases where a network for the prevention of falling water is installed, take measures necessary to prevent danger, such as installation of a map of horizontal plane at least two meters away from the wall surface at least 20 degrees and below 30 degrees, for every ten meters in height;

Nevertheless, around June 28, 2014, Defendant A stated the time at which the prosecutor removed the network for the prevention of falling away on the application form for permission of changes in indictment as of December 8, 2014 as of June 30, 2014, and prosecuted the violation of the Building Act as the ordinary competitive relation. However, according to the initial written indictment, Defendant A appears to be a clerical error.

On July 2, 2014, the Building Construction Co., Ltd. in Gangnam-gu Seoul Metropolitan Government F did not take necessary measures to prevent hazards in the construction site by removing the falling water prevention network installed in the construction construction site of a building built by the Gangnam-gu, Seoul, and the accident caused the falling of falling water.

2. On July 2, 2014, around 09:40 on July 2, 2014, at the construction site of the new building in Gangnam-gu Seoul Metropolitan Government, Defendant A instructed Defendant B to remove the rains within the six-story rooftop capacity, and ordered Defendant C to control the vehicles and people passing along the side of the first floor of the building.

Defendant

A shall install a string system to ensure the safe operation of workers engaged in the non-way removal work, and also install signs such as "the return to work" and "risk" on the side side of the first floor of the building and control the passage of workers.

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