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(영문) 울산지방법원 2020.09.17 2020고단1215
업무상과실치사등
Text

1. Defendant A shall be punished by a fine of five million won;

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

Reasons

Punishment of the crime

Defendant

B Around November 26, 2018, Defendant D Co., Ltd., and Defendant C Co., Ltd. jointly supply and demand the 1,701,79,500 won of the F excrepit sewerage maintenance work from E institutions to KRW 1,701,79,50, and Defendant B Co., Ltd. is a share of 50%, Defendant C Co., Ltd. is a share of 28%, Defendant D Co., Ltd. is a joint business owner who has carried out each construction work at a share of 22%, and Defendant D Co., Ltd is a director belonging to Defendant B and joint business owner, Defendant D Co., Ltd., a joint business owner, and Defendant C Co., Ltd., a general

1. At around 11:55 on September 16, 2019, Defendant A (hereinafter “Defendant”) took part in excavation work of approximately 1.3m-1.6m in width, and approximately 2.08m-2m in depth, using a digging range to replace sewage pipes on the roads adjacent to G on the site of the construction site.

In such cases, when the excavation work of the ground, which is at least two meters in the height of excavation, is conducted, a prior investigation shall be conducted to prevent the danger of workers, and the results thereof shall be recorded and preserved, and a work plan shall be prepared in consideration of the results of the investigation and the work shall be conducted in accordance with the plan.

In addition, when the ground, etc. is excavated, it shall meet the standard of 1:0.5 to 1.1, which is the standard under the law, and when the excavation work is likely to pose a risk to the workers due to the collapse of the ground or the falling of soil and rocks, measures should be taken to prevent such danger, such as the installation of earth mounds, installation of protective networks, prohibition of workers' access, etc.

Nevertheless, the defendant does not observe appropriate directions to prevent the collapse of the excavated area as a business owner, and does excavation in violation of occupational negligence and occupational safety and health measures for preventing the collapse of the excavated area, such as soil erosion, without properly taking such safety measures.

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