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(영문) 서울동부지방법원 2018.07.03 2017고정1688

업무상과실치사등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

A corporation B (hereinafter “B”) is a corporation established for the purpose of lighting equipment, appliances, facilities for export and import business, etc., and around February 6, 2017, a person performing construction works under a contract with C church (Seoul Seongdong-gu D) for lighting and lighting reinforcement works for the “C church Love”. The Defendant around that time is a representative of a private entity that has been awarded a subcontract from B among the above reinforcement works, and is in charge of the safety and health of its employees. The F is a sole internal director of B, who is under overall control of the construction works, such as construction work at the site of the said reinforcement work, safety, etc.

From February 8, 2017 to 09:00, the Defendant and F had workers belonging to B and E, such as victims G (72 taxes) perform the reinforcement of lighting structures.

However, the upper part of the ceiling, which is the above construction site, is around 7.5 meters in height, and the ceiling is composed of wooden joint plates, and the workers are highly likely to fall.

In such cases, the contractor company, the owner of the project, and the defendant who is the owner of the project, who is the manager in charge of safety and health in the site of the contractor company, shall take such measures as (i) install sufficient strings, such as the floor separate from the floor, or having him/her wear or wear a safety belt on the upper part of the timber mold so that the body of the contractor does not fall inside the ceiling; (ii) in cases where it is difficult for the contractor to move the floor to a reinforced place due to interference with the inside structure, etc. of the ceiling, a safe passage shall be installed at a place easily visible to move; and (iii) there is a duty under the occupational duty to guide and supervise the worker to wear protective outfits, such as safety caps, and under the Industrial Safety and Health Act.

Nevertheless, the defendant and F neglected to do so, while allowing the victim to do melting work, the defendant and F to do so.