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(영문) 서울중앙지방법원 2016.07.20 2016고단1910

업무상과실치사등

Text

Defendant

A shall be punished by imprisonment for six months, and by a fine of five million won for Defendant B.

However, the defendant A.

Reasons

Punishment of the crime

E At the same time as the vice head of the F Corporation’s work, E is a site warden of the “four station platform safety platforms improvement works, such as a branch line G station, and other works during the construction work,” which the F Company F contracted by the F Company, and who is in charge of the safety and health of workers; the F Company is a corporation which is a corporation for the purpose of construction work business, etc. and is awarded a contract from F Company B to “sprink removal works” in the “four station safety platform improvement works, such as a branch line G station,” and Defendant A is a vice head of the F Company B, and at the same time, a site warden of the “four station safety platform improvement works, such as a branch line G station, and other construction works” performed by F Company B for the purpose of improving workers’ safety and health, and Defendant B is a corporation for the purpose of sanitary cooling and heating equipment construction business, etc.

1. Defendant A

(a) If a project carried out at the same place where safety measures are not implemented in the course of a contract for work and part of the project is to be contracted separately, the owner of the project shall take measures necessary to prevent industrial accidents when his/her workers employed by the contractor carry out work at a place at risk of fall;

around 13:40 on August 21, 2015, the victim H (42 tax) was a worker employed by FF, and around 13:40 on August 21, 2015, the Seoul Gangnam-gu Seoul, “the construction site for the improvement of the safety documents of subway G station platform platforms G station platform facilities” located in Gangnam-gu Seoul, Seoul.

At the time, the floor of the said ventilation room had the opening section (1.1m x 0.9m x 0.9m) immediately after the removal of the duct installed in a vertical line.

As above, in the event that work is conducted in the vicinity of the opening room, there was a risk that the worker might fall and die.

Therefore, the defendant who is the site manager of the above construction site and exercises overall control over the safety of workers.