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(영문) 서울남부지방법원 2017.11.10 2017고단2035
업무상과실치사등
Text

Defendant

A A Imprisonment without prison labor, and Defendant B shall be punished by a fine of KRW 10 million, respectively, in one year and six months.

Defendant

B The above fine.

Reasons

Criminal facts

The construction site of Gtel in Gangseo-gu Seoul Metropolitan Government is being carried out by constructing two buildings with the same structure at the same time, and the contractor of this construction works is J, the contractor of the I block of this construction, and L corporation of the K block of this construction.

1. Defendant A as a safety manager of J Co., Ltd., the Defendant is a person in charge of safety management of I block during the construction site of the said new construction project, and the network M is an employee of N Co., Ltd., a subcontractor of J, who works for I block during the said new construction project site as an employee of N Co., Ltd., a subcontractor of J.

On March 28, 2016, M was on the 14:00 floor of I block underground in the construction site of the above new construction project, and was under the duty of care to install a fire extinguishing device and to install it in the nearby part of the construction site so as not to be scattered. The Defendant, as a safety control manager, has a duty of care to ensure that the fire extinguishing machine was installed in the nearby part of the construction site, and to be melted after installing a fire extinguishing device, and to ensure that the above safety measures were taken at the time of the contact work, and to ensure that the contact work is properly performed, such as checking whether the above safety measures were taken, and posting fire monitors inside the contact work site, and to manage and supervise whether the contact work is properly performed, such as setting up a fire extinguishing device, emergency, etc. suitable for the size of the construction site in preparation for a fire, and to promptly inform employees of the scene, such as an on-site alarm device, etc.

Nevertheless, the above M did not take measures such as installing a stimulsive stimules in contact with the above duty of care or keeping a fire extinguisher in the vicinity, and the defendant was employed in contact with the above M without taking necessary measures in breach of the above duty of care.

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