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(영문) 부산지방법원 2016.02.12 2015고단8278
업무상과실치사등
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, each of the defendants is against the defendants for one year.

Reasons

Punishment of the crime

Defendant

B is the representative of “D” located in Seo-gu, Busan and the representative of “F” construction in Seo-gu, Busan, from June 25, 2015 to June 25, 2015, and subcontracted to Defendant A the part of “alley and outside panel finishing construction” of the said construction to Defendant A, and is the general manager for the safety and health of workers working at the said construction site.

Defendant

A is an individual entrepreneur who engages in construction work without trade name while residing in 1, 402, Seo-gu, Seo-gu, Busan. As seen above, Defendant B subcontracted “F” in the construction site of a new building, and is an employer who engages in construction work by hiring workers under a subcontract with the “alley and outside panel finishing construction work” and is a person responsible for the safety and health of workers employed at the work site.

On July 9, 2015, the Defendants, at the above work site, had the victim H (68 Dose) employed by Defendant A set up 28 panels (the roof covers of 4.3m X 1m X breadth and approximately 25km in length) on the roof of a building with a height equivalent to 3m above ground.

The work of establishing a panel on the rooftop of a building is likely to fall by workers at any time on the rooftop because those who work on the ground have worked on the roof above the roof of the 3m or more of the 2m or above of the 3m or above on the roof of the sloping roof are those who work on the sloping roof, and most of them are installed on the sloping roof.

Therefore, in order to prevent workers from falling down, the Defendants, who are responsible for the safety and health of workers at the above site, are obligated to install a work board by assembling a strings on the roof side or the building outer wall of the workers, to wear a safety height on the reinforced structure, and to take measures under the Industrial Safety and Health Act that should ensure the workers wear a safety height, and to ensure the workers wear a safety appearance accurately, and at the present site.

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