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(영문) 청주지방법원 2019.05.16 2019고단21
업무상과실치사등
Text

Defendant

A A A The fine of KRW 7 million, Defendant B and C are punished by a fine of KRW 5 million, and Defendant D.

Reasons

Punishment of the crime

Defendant

The Dispute Resolution Co., Ltd. (hereinafter referred to as the "D") is a construction company that carries out construction of "G" apartment in the F Development District located in Yeongdeungpo-gu Seoul Metropolitan Government E, and Defendant B Co., Ltd. (hereinafter referred to as the "B") is a construction company that carries out construction of "G" apartment in the aforesaid construction project.

Defendant

C is a person in charge of the safety and health management of workers working at the construction site, including the subcontractor's employees, with the head of the site office to which the defendant D belongs, and the defendant A is a representative director of the defendant B, who is responsible for the safety and health management of the workers

1. Accidents related to workers' death;

(a) Defendants A and C’s business owners engaged in breach of the Occupational Safety and Health Act and occupational death or injury shall take necessary measures to prevent workers from falling dangers, such as installing a safety gap or fall protection net, and, if it is impracticable to install such network, allowing workers to wear a safety belt, etc.

Nevertheless, at around 09:50 on May 8, 2018, the Defendants were negligent in performing the above duty of care, and at around 09:50 on May 8, 2018, the Defendants neglected the victim H (56 years of age), who is a worker of B, to leave the front door (95cm high) above the horsebed (95cm) while failing to install a fall-off network near the roof of the I-Dong Building (160cm) in the construction site and to wear a safety belt. However, the Defendants left the front door to the ground floor under approximately 70 meters above the center and cut down the center and caused the death of the victim on two credit.

B. Defendant B violated the Occupational Safety and Health Act at the time and place specified in Article 1(1) of the same Act, and the Defendant’s representative director failed to take measures to ensure the safety and health of his/her employees, thereby resulting in the death of the victim H, who is his/her employee.

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