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(영문) 대전지방법원 서산지원 2018.10.10 2018고단618

업무상과실치사등

Text

Defendant

A and B shall be punished by imprisonment for six months, by a fine of 5,00,000,00 won, respectively.

Reasons

Punishment of the crime

Defendant

C A Co., Ltd. is a corporation established for the purpose of operating the construction business, and a business owner who executes construction works of neighboring living facilities located in G from F in the time of progress, and the defendant A is the representative director of the above C Co., Ltd. who is a safety and health manager who exercises overall control over the safety management of the construction site

Defendant

D is a corporation established for the purpose of running the construction business, and the business owner who performs the pelvis construction works subcontracted from the above new construction works by the above C corporation, and the defendant B is the representative director of the defendant D and the safety health management manager who exercises overall control over the safety management of the above pelvis construction works.

【Death Accidents Concerning Workers】

1. On October 21, 2017, Defendant A and Defendant B instructed the victim H (54 years of age) to perform safety management duties at the site of the Newly constructed construction work at around 09:36 around October 21, 2017, and the employees of the C Co., Ltd.

At the 9th floor of the construction site of the above new construction site, there was a danger that objects may fall or fall down due to the above work. As such, Defendant B has a duty of care to take measures necessary to prevent accidents, such as the installation of a network for the prevention of fallen cargo, a vertical protection net, or a protection base line, the establishment of an area for prohibition of entry and exit, and the wearing of protective outfits, etc., and for the installation of a network for the prevention of falling water and a protection line, it shall be installed within 10 meters in height, and the length of internal citizens shall be at least 2 meters from the wall, and the horizontal section has a duty of care to prevent accidents in advance by maintaining the level of 20 to 30 degrees, and Defendant A has a duty of care to pay safety mother to the worker and to prevent accidents in advance.

Nevertheless, Defendant B is less than 2 meters in length from the wall surface of the deceased cargo prevention network.