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(영문) 춘천지방법원 2018.06.05 2018고단212
업무상과실치사등
Text

Defendants shall be punished by imprisonment for eight months.

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

Reasons

Punishment of the crime

Defendant

A is the owner of the building of the multi-family house C and the site manager of the new building in Chuncheon City, who is in charge of the safety management, etc. at the construction site. Defendant B is the individual stone industry, and Defendant A is the business owner who has subcontracted the building part among the above construction works.

1. On October 18, 2017, the Defendants jointly committed a crime (the occupational, the death, and the bodily injury caused by occupational and occupational injury) by the Defendants (the victims D(67 years old) and E (60 years old) around 10:00, the victim D(67 years old) and E (60 years old) had the victim E work outside the outer wall of the building.

In such a case, the Defendants had a duty of care to take measures necessary to prevent danger, such as installation of a work plate solidly without any creshing, etc., on workers employed in the work plate, which is a place at risk of falling, and installation of a work plate to prevent danger, such as safety cap and safety belt.

Nevertheless, the Defendants neglected to install a work board and caused the victims to do so without wearing an individual protective gear, such as a safety cap, and caused the victims to move to the backline of the work set by the victims E, and fall into the center, the victim E also fell into the first floor in the course of the victim D’s loss centering.

After all, the Defendants jointly and negligently caused the victim D to receive medical treatment at the Sung-si Hospital of Chuncheon-si University on November 12, 2017, and caused the victim E's death at around 07:44 on November 12, 2017, and caused the victim E to suffer injury, such as a dynasium or closure of at least six weeks of treatment.

2. Defendant B (Violation of the Industrial Safety and Health Act) is a safety cap, safety belt, etc. for the workers employed in the work plate, which is a place in danger of falling.

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