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(영문) 부산지방법원 2016.08.12 2016고단2779 (1)
업무상과실치사등
Text

Defendant

A and B shall be punished by each fine of five million won.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A is the head of the construction site of the “D” factory in Gangseo-gu Busan Metropolitan City, which was executed by Defendant B from August 7, 2015 to February 22, 2016, as the head of the construction site of the new factory in the Gangseo-gu Busan Metropolitan City, and his employees, and the person in charge of the safety management of employees of E who subcontracted the construction of the said new construction site.

When workers employed by a contractor work at a place at a risk of falling or falling down, the business owner who operates a business in the same place and gives contracts separately for part of the business shall not, if he/she conducts work at a place where there is a risk of falling or falling down, separate the steel frames written off by entering into a string of the steel frame so that they can be fully supported, or before becoming a solid structure equivalent thereto, from the street, etc., and shall take measures necessary for preventing industrial accidents, such as installing equipment capable of safely putting up the steel frame at a place at a risk of falling, where workers wear safety belts at a height of at least 2 meters.

Nevertheless, at around 08:30 on November 23, 2015, the Defendant: (a) removed from the ground to the steel frame (restifers) in the direction of the prefabricated located at approximately six meters high from the ground; and (b) removed the V that was entered into on the parallel with the steel frame in the vertical direction to adjust the location of the steel frame in the above direction, and did not take the aforementioned safety measures when the work was carried out in a state where the contact level was not sufficiently supported.

2. Defendant B, a corporation for the purpose of construction business, etc., and Defendant B, an employee of the Defendant, committed a violation as prescribed in paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol or protocol concerning the examination of the suspect against the defendant A and G;

1. Each statement made to H, I, and J;

1. A written opinion on a disaster investigation, respectively;

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