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(영문) 수원지방법원 2017.07.12 2016고단7500
업무상과실치사등
Text

Defendant

A A shall be punished by a fine of KRW 2,000,00,000, in six months of his/her imprisonment without labor.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of the business of installing elevators, and is a business owner who performs cargo elevators in Heung-gu, Gyeonggi-do and vertical half-time transmission installation works under a contract from F Co., Ltd., and Defendant A is the representative of Defendant B Co., Ltd., and the safety health manager for employees and contractors employed by them.

Defendant

A Co., Ltd. subcontracted production and installation works of the vertical half 1 and 2 to G during the production and installation works of the above cargo elevator and the vertical half stack, and G re-subcontracted to H Co., Ltd. the part of the half emitting and the installation works of electricity.

1. The owner of a business carried out in the same place as Defendant A and a part of which a contract is to be given separately for work at a place where his/her workers might fall down, shall take measures to prevent industrial accidents, such as the installation of safety and health facilities, etc., and the owner shall not have his/her workers embark on the lifts transport equipment where no emergency stop equipment, operation location, etc. are installed;

Nevertheless, at around 17:34 January 21, 2016, the Defendant, a worker employed by the contractor I at the above construction site, was engaged in the operation in a place where there is a risk of falling a trial run inside a vertical half-round air carrier without any boarding operation device, such as the emergency stop device and operation location, but the Defendant failed to take measures to prevent industrial accidents, while the transport equipment has risen during the work, and the victim fell down between the entrance and the entrance door door of the transport channel.

Ultimately, the Defendant violated the duty to take safety measures of the contracting business owner, and at the same time games around January 21, 2016 due to occupational negligence.

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