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(영문) 수원지방법원 2019.09.20 2019고단2734
업무상과실치사등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant, as a manager of C's room who carries on construction business using one full-time worker in Osan-si B, the defendant constructed the retaining wall installation works of the factory site from D and two lots of land in Osung-si to E by being awarded a contract of KRW 20 million from E.

From September 9, 2018 to September 13, 2018, the Defendant installed a retaining wall of approximately 70 meters in length with a vegetation, and approximately 3-4.5 meters in height with a retaining wall, and decided to remove it and re- install it, considering that the retaining wall may be installed as nearly vertically, and around September 14, 2018, the victim F (the age of 49), who is a survey engineer, had the victim F (the age of 26) work on the site survey at approximately 1-2 meters in front of the retaining wall, and had the victim G (the age of 26) who is an employee of C, help the victim F, who is the worker of C, work in the vicinity of the retaining wall, help the victim F.

On the other hand, when dealing with heavy objects such as food block, the defendant shall conduct a prior investigation into the relevant work, the relevant work site's topography, ground level, and ground level, etc., record and preserve the result of the investigation, prepare a work plan including safety measures to prevent falling risk, etc. in consideration of the result of the investigation, and have him/her conduct work according to the plan. Of persons among the buildings or similar facilities, he/she has a duty of care, such as whether he/she constructed in accordance with the design plan, whether he/she was constructed in accordance with the construction specifications, and whether the retaining wall was properly imprisoned so that it does not collapse, and whether the retaining wall can appropriately do so.

Nevertheless, the defendant neglected this and constructed a retaining wall at his discretion without confirming the design documents and specifications, and without preparing a work plan which does not include safety measures to prevent the falling risk of the retaining wall by handling the vegetation, which is a heavy object, and storing the retaining wall.

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