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(영문) 창원지방법원 2016.11.03 2016고정877
업무상과실치사등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

B as the representative director of the CConstruction Corporation, C Construction Corporation is a person in charge of safety and health management at the construction site of the D Construction site of the D Construction site of the Kimhae-si Construction Co., Ltd., and the defendant is the head of the D Construction site of the above new construction site and is a person in charge of safety and health management as a contractor.

(1) On June 4, 2016, the Defendant and B had the victim F (the 63 years of age) who is a worker of CConstruction Co., Ltd. use a lifts to check and remove the building inside the building, around 17:00.

As above, since workers are highly likely to fall at work sites using lifts, the Defendant and B, who are responsible for the safety of workers, shall prohibit entry of persons other than the workers concerned by installing fences, etc. at the premium entrance, etc., and shall check in advance necessary matters, such as placement, education, work methods, protective devices, etc., if the commencement of the operation of the premium is likely to cause danger to workers, and take necessary measures to prevent danger. If any defect in the premium or protective devices is discovered, the Defendant and B, who are responsible for the safety of workers, have a duty of care to ensure that workers are employed after maintaining the premium or protective devices.

Nevertheless, when the Defendant and B neglected the stop between the 14th and 15th floor due to the malfunction operation, the Defendant and B did not install a protective measure to prevent such entry, and did not take measures to prevent risks, such as education on the operating method and protective devices, etc. of the lifts, and did not maintain the lifts defects, and caused the victim to fall on the first floor below about 36 meters of the center and fall.

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