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(영문) 부산지방법원 2021.01.20 2020고정1330
업무상과실치상
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person engaged in the management and supervision of construction works for new construction and remodelling works for building sites ordered by the said construction works as an agent for the facilities of the Architectural Asset Management Division. C is a field manager of the F Company that has been awarded contracts from B to perform remodeling works for building construction works for building building of the said Company E in Busan Jung-gu, and is engaged in safety education while managing and supervising the entire process of construction works. G is a representative of H, which is a specialized company for construction and dismantling of the B, and is a person in charge of the overall management of construction works for building and dismantling, etc. under the F Company’s order, and I is a manager of H’s work, who is in charge of performing duties such as the installation and dismantling of a rain system, such as on-site reorganization and settlement, under the direction of G.

Defendant C, G, and I (hereinafter referred to as “Defendant, etc.”)

Around April 18, 2019, at the construction site above, a person, who is engaged in work, was aware of, or could have known, the fact that he or she is conducting the work of putting up a non-line pipe on India, setting up another non-line pipe, and installing another non-line pipe as supporting it, he or she had a duty of care to take necessary measures, such as removing the above non-line pipe installed in India, preventing access to the above-line pipe by securing safety facilities installed in India after the completion of the work hours.

Nevertheless, the Defendant et al. was due to occupational negligence, even after the completion of the work hours, which did not remove the above rain pipe, or secure the installation of safety facilities, etc. or alternative passages, and the victim J (W, 48 years old) who passed the above construction site around around 19:20 the same day, which did not discover the above rain pipe.

As a result, the defendant et al. jointly suffered injury, such as the damage of a baby that requires approximately four weeks of treatment due to the above occupational negligence.

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