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(영문) 서울동부지방법원 2018.04.06 2018고단2
업무상과실치사등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, by a fine of eight million won.

However, the defendant A.

Reasons

Punishment of the crime

[Defendant B’s each position and the background of the supply and demand of this construction] Defendant B Co., Ltd. (Seoul Songpa-gu, for purposes: painting construction business, etc.; hereinafter “B”) is a business owner who was awarded a contract with the Seoul Songpa-gu Seoul Metropolitan Council for the Representatives of Residents of Apartment Houses to “the construction of the apartment rooftop lelele leleleleleproof construction works and the repair and waterproof of the outer wall rupture of the outer wall” (hereinafter “this construction”).

Defendant

A is a safety and health manager in charge of the execution, safety, etc. of the construction in this case as a field agent of the construction in this case, and E is a safety manager who assists the defendant A as a site manager for the part of the construction in this case, interest of the head of the management department belonging to B.

[Detailed Criminal Facts]

1. From around 07:00 on September 7, 2017, Defendant A and E had four workers belonging to B, including the victim G (42 tax), engage in the work of: (a) having four workers belonging to B, including the victim G (42 tax; (b) “the external wall spreading work”; or (c) having them supplement the corner stamped.

However, the above apartment F is a high building of the 11th floor above the ground, where workers might fall at the top of the outer wall using the studio of the month.

In such cases, Defendant A and Safety Manager E, who are the person in charge of the safety and health management of the construction in this case, provided safety appearance and safety belts to workers and wear them. ② In the case of a structure that can install safety rail, there was a duty of safety measures and duty of care under the Industrial Safety and Health Act to install safety rail.

Nevertheless, Defendant A and E did not neglect this, but did not install safety belts, life jackets, and safety railing in the monthly vision.

As a result, around 11:00 on September 7, 2017, a person who suffered damage is 10 stories (28.4 meters on the ground) after spreading from the outer wall of 11th floor of the above apartment building F.

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