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(영문) 서울중앙지방법원 2017.11.02 2017고단1829

업무상과실치상

Text

Defendant

A and Defendant B shall be punished by a fine of KRW 7,000,000.

Defendant

A and Defendant B did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is the representative director of the J Co., Ltd. conducting a new construction of accommodation facilities in Gwanak-gu in Seoul Special Metropolitan City (hereinafter referred to as “instant construction”) and Defendant B is the head of the two team team team in the construction site.

Defendant

C As the president of KN, a person who was awarded a contract with the said JJ for the destruction of underground lots during the instant construction.

Defendant

From August 25, 2016 to September 9, 2016, Defendant A, as the representative director, visited 2 and 3 sites each week to take into account the overall progress of work, and Defendant B was engaged in the supervision and management of the instant construction work, respectively, and Defendant C was engaged in the construction work by excavating the said construction site in depth of 5 meters underground.

Since the width of the report adjacent to the construction site of this case does not exceed 1.5 meters, a person engaged in the construction work of this case has a duty of care to take measures to prevent the fall of the surrounding site by installing a pents or temporary materials in the vicinity of the excavation process so that people walking around the site do not fall.

Nevertheless, Defendant A and Defendant B neglected to excavate immediately from August 25, 2016 and caused a fall between neighboring news reports and construction sites. However, Defendant A and Defendant B had Defendant A continue to carry out the construction on the ground of installing a gate (EGI) after the completion of excavation without installing a safe gate on the ground of the cost-bearing. Defendant B received a request from Defendant C to “to change the installation of the above gate to prevent fall,” without complying therewith, and without complying therewith, Defendant C installed a ston beam at a height of approximately one meter from the ground and connected the space between them with a sular vinyl.