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(영문) 대구지방법원 김천지원 2017.11.21 2017고단764 (1)
업무상과실치사등
Text

Defendant shall be punished by a fine of five million won.

The defendant shall be ordered to pay an amount equivalent to the above fine by provisional payment.

Reasons

Punishment of the crime

The Defendant, having its head office in Songpa-gu Seoul Metropolitan Government, has its head office in Songpa-gu, and employs 35 full-time workers by receiving KRW 7,214,070,133 of the construction cost of steel reinforced concrete construction from construction company D at the site of reconstruction and improvement projects for apartment housing in Songpa-gu, Seoul and employs 35 workers. The Defendant is a corporate owner who works for the period from October 27 to March 31, 2015.

E is a person in charge of the safety and health management of the defendant's on-site director as a person in charge of the safety and health.

E, a defendant's employee, shall take necessary measures in order to prevent hazards caused by defective work methods, etc. in the course of dismantling, handling heavy objects, etc. concerning the defendant's duties, and where workers assemble or dismantle the pit pumps, he/she shall ensure that he/she does not dismantle the pit pumps in advance before every delivery of the pit pumps, and there was a duty of care to safely assign the conductor to the site and prevent accidents in advance in accordance with the work plan.

Nevertheless, at around 13:56 on January 5, 2017, E was installed in the balcony front balcony of the 107-dong household units 4th floor of the apartment under construction by the victim F (46 years of age) of the person working for the defendant.

2.5t order the work to dismantle the pit pumps, which are weighted objects, at the site, without placing a conductor to command work safely in accordance with the work programme, the number of workers as set out in the work programme, even if the number of workers was four, and less than 20,000 workers continued to work without placing them in the work programme. At the time, to reduce work hours at the workplace, it is appropriate to dismantle the pit pumps by an inferior work method to dismantle them in advance prior to every month.

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