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(영문) 부산지방법원 2014.03.13 2013고단6394
업무상과실치사등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant, without a trade name with the business owner, is a person who operates a construction business of dismantling non-structure structures by employing excavated machine and cargo vehicles through a human resources presentation station. The Defendant, the owner of the building, is a construction contractor, who entered into a contract for construction work at the intervals of 2,1640,000 square meters for a building with a size of 135.28 square meters or less connected with a house located in the D main roof located in Busan-gu and Busan-gu, and a building with an asbestos slate roof connected with a building with a building with an asbestos slate roof.

1. Around 14:00 on May 16, 2013, the Defendant was performing the removal construction work, including the work of removing walls of the above wooden houses by employing the victim E (the age of 47), excavated technician F, man-made G, and H, respectively, at the large-scale repair site of the above building.

At that time, the construction site for repairing, altering, or expanding the structure or external form of the columns, beams, bearing walls, and main stairs of a building is the site for repairing, altering, or expanding the exterior form of the building. As such, the Defendant, who is the construction site safety manager of the aforementioned removal project, is the contractor of the said removal project, shall closely check the load of the roof before commencement of the construction project, and shall fully reinforce the support stand to prevent the collapse of the building, such as the roof, etc. even if the wall of the building is removed, and shall take necessary measures for safety such as installing the safety fences and safety net. At the commencement of the construction, the Defendant shall provide the victims, including the victims E, with safety equipment, and conduct the construction after conducting safety education in preparation for the accident. At the time of excavation, immediately after the removal of the wall of the said wooden house, the Defendant, who is the construction site safety manager, shall collapse the roof, such as the noise of the building near the roof, etc.

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