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(영문) 서울남부지방법원 2019.06.12 2018고단5671
업무상과실치상
Text

Defendants shall be punished by imprisonment without prison labor for six months.

However, as to the Defendants for two years from the date of the final judgment of this case, the Defendants are above.

Reasons

Punishment of the crime

Defendant

A is the chief of the construction site and the chief of the 4th floor new building in Guro-gu Seoul Metropolitan Government, and Defendant B is the chief of the working group for steel-frame and concrete building at the same construction site.

Defendant

A, as a person in charge of the above construction site and a field director, is responsible for the overall management of human resources management, construction work and safety management, etc. to be carried out at the construction site for each construction field, and Defendant B was in charge of the direction and safety management of the construction to prevent the scattering dust prior to the installation of steel framed and concrete snow parts in the above construction site.

The above construction site is a construction project that removes the previous buildings and newly constructs a new loan, and around May 25, 2018, Defendant A, along with his/her nameless employees, performed so-called “sloaking” work, such as where he/she was sloaking a hole to remove a beer structure made concrete from the previous building, but did not remove all the structures. Defendant B knew of the above fact.

On May 26, 2018, Defendants instructed victims D(57 years of age), E (47 years of age), and F (59 years of age) to install the vision between the building and the fence.

Since the above building and fence are relatively narrow between the victims in order for them to carry out the installation work between the above building and fence, they must go up to the above beer. In such a case, the Defendants have the duty of care to thoroughly manage and supervise the above concrete structures, such as notifying the victims of the removal work of the beer structure around May 25, 2018, the preceding day, and preventing the above beer structure from performing the work on the above beer structure.

Nevertheless, the Defendants neglected their duty and concrete to the victims.

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