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(영문) 청주지방법원 2020.01.09 2017고단2246 (1)
업무상과실치사등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

The provisional payment of the amount equivalent to the above fine shall be ordered.

Reasons

Punishment of the crime

A Co., Ltd. (hereinafter referred to as “B”) is a corporation for the purpose of building construction business, etc. located in the voice group C building (three floors), which is a business owner who constructs “E” located in B (hereinafter referred to as “instant construction business”), and Defendant A (hereinafter referred to as “A”) who is a corporation for the purpose of manufacturing steel structure located in the F building G in the Cheongju-gu Seoul Metropolitan Government, Cheongju-si, and the business owner who was awarded a subcontract for waterproof design construction among the instant construction works from B, and H, who actually operates the instant construction site, actually checks the work status of A’s employees at the construction site, and supervises and supervises safety and health affairs.

H, as the end or opening part of the work launch and passage in need of the installation of safety columns at the construction site of this case, has a duty of care to pay safety caps and wear them in the work site when workers are in danger of industrial accidents, with sufficient strength to take protective measures, such as safety rails, fences, vertical falls, or covers, and to ensure that the contractor’s workers do not fall during the work process.

Nevertheless, H neglected to do so and did not install a safe buser, fence, crash, or cover with a height of 2.5 meters installed on the second floor of the construction site of this case. On January 19, 2017, H did not require the victim I to wear a safety buser. On January 11:30, 2017, H had the victim, who had been engaged in funeral work on the ceiling part at the front site site of this case, fall off the floor.

By doing so, H around January 23, 2017, around 04:08, the occupational negligence as seen above, caused the victim to die due to the suspension of cardiopulmonary function due to the rise in two internal pressures at the hospital of Chungcheong University located in 776, Seo-gu, Seowon-gu, Seowon-gu, Cheongju-si. H, the representative of the Defendant, is the Defendant’s duty.

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