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(영문) 수원지방법원 안산지원 2019.07.05 2018고단4732
업무상과실치상
Text

Defendants shall be punished by imprisonment without prison labor for six months.

However, the execution of each of the above punishments shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative director of C, and from April 23, 2018, from Silti City to Silti City, A was performing the construction by being awarded a contract for the replacement project inside the E market at Silti City from Silti City, and Defendant B is the safety management officer of the above company as a person who exercises overall control over the safety management of the employees under his control.

On July 26, 2018, at around 08:40, the Defendants ordered the victim F (50 years of age) who is an employee of the company D to take the fel position panel that was worn on the roof of 16 meters high, and in such cases, the Defendants had a duty of care to have the victim wear safety level signs attached to the safety level, to have the victim wear the safety level, to have the safety level strings, to have the safety level strings installed, to have the victim move safely, and to install the work board so that the victim can move safely, and to have the crashed protection net installed in preparation for fall.

Nevertheless, the Defendants failed to install a work plate so that they can use the said sand position panel as a work plate, without preparing equipment that enables the victim to wear a safety bell, and due to the negligence of installing a fall protection network in bad faith and carrying out the work, Defendant A felled with Defendant A’s net sand position panel that initiates the sand position panel to see the contact with the victim on the sand position panel, and the victim felled with the floor below 16 meters.

As a result, the Defendants suffered injury, such as a brush, which requires approximately 16 weeks of medical treatment by occupational negligence, to the victim.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement concerning F;

1. Report on the results of safety accident identification;

1. To submit a report of investigation to the victim;

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