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(영문) 대전지방법원 서산지원 2021.01.27 2020고단616
업무상과실치사등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant of 2020's top 616 is a personal construction business operator who operates a construction business by using a daily worker under the trade name B, and is in charge of the management of safety and health for the prevention of industrial accidents.

On October 30, 2019, the Defendant: (a) contracted to improve the roof of livestock pens excreta storage facilities from Da on October 30, 2019; (b) had the victim cover the old plastic roof installed at a height of approximately 3.7 meters from the ground with iron plates, and (c) had the work supervisor cover the roof of the old plastic roof installed at a height of about 3.7 meters from the ground.

In such cases, when a worker is likely to pose a risk, such as a fall or fall, on the roof covered by a light with strength, the business owner shall install a light or fall protection net of at least 30cm in width, and when the worker engages in an operation at a place at a risk of fall, he/she shall take measures to prevent danger by paying safety caps and safety belts. As such, the defendant shall provide the victim with personal protective outfits, such as safety caps, safety belts, and wear them in order to prevent safety accidents, and the defendant has a duty of care to strengthen the protective equipment, such as a fall net, at the place where the victim is at risk of falling, such as the radiation plate and the opening part, etc., with sufficient strength.

Nevertheless, the Defendant neglected this, thereby allowing the victim to work in a place at a risk of falling around 3.7 meters from the ground, and did not supervise the victim to wear safety caps, etc., and did not install a sufficient strength to protective measures, such as safety railing, vertical fall-off net, or cover, at the above place, and did not install a sufficient strength structure and move to the steel structure installed by the victim.

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