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(영문) 의정부지방법원고양지원 2020.12.23 2020고단2880

업무상과실치사등

Text

Defendants shall be punished by a fine of KRW 3,000,000 (three million).

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a business owner who performs soil strawing construction work from April 20, 2020 to June 30, 2020 by being awarded a contract with C during the Goyang-gu D neighborhood living facilities.

Defendant

A is the internal director of Defendant B as the representative of the company, who is in charge of general management of all matters concerning the safety and health of field workers.

1. In conducting excavation, quarrying, loading and unloading, timbering, transporting, operating, dismantling, the handling of heavy objects, and other operations, Defendant A shall take measures necessary to prevent hazards caused by defective working methods, etc. and shall take measures necessary to prevent industrial accidents that may occur in the course of performing works at places where soil and sand, structures, etc. may collapse;

At around 13:20 on May 2, 2020, the Defendant had the victim F, who is a worker, work at a construction site located in Gyeyang-gu E in Gyeyang-gu, Gyeyang-gu, Seoul, and had the victim F, a worker do the soil cutting work.

This work is to excavate the ground at a height of not less than 2 meters from the excavation surface, and there was a concern for collapse of earth and sand in the course of the work. In such a case, in order to prevent danger to workers, the defendant has a duty of care to maintain the fluence of the excavation surface from 1:0.5 to 1:11 in order to prevent danger to workers. In addition, the defendant must conduct a prior investigation on the topography, ground level, and ground level in the relevant work site, and record and keep the results thereof. In light of the results of the investigation, the work plan should be prepared in consideration of the results of the investigation and the work plan should be prepared in accordance with the plan

However, the Defendant, without preparing a work plan, buried the excavated part of the excavated part in the earth and sand of the outer wall by negligence in the course of business, and caused the victim's death in the H hospital located in Soyang-gu Goyang-gu G on May 20, 202. < Amended by Presidential Decree No. 20693, May 20, 2020>