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(영문) 인천지방법원 부천지원 2015.11.26 2015고단2843
업무상과실치사
Text

Defendant

A Imprisonment without prison labor for six months, Defendant B shall be punished by imprisonment for six months, and Defendant C shall be punished by a fine of four million won.

Reasons

Punishment of the crime

Defendant

C Co., Ltd. is a corporation established for the construction business, etc. in Gyeyang-gu, Incheon Metropolitan City, for which the owner receives a contract only for the part of the “E-Newly constructed construction” from among the “E-built construction” contracted by the Spanll Co., Ltd., and Defendant B is the head of the above company, who is the field manager of the above installation work, and Defendant A was designated as the field manager of the e-mail integrated construction company, and was stationed at the above construction site and had the authority to conduct work orders, including safety management, for C Co., Ltd.

1. On December 17, 2014, Defendants A and B had the victim F (37 years of age) who is a worker belonging to C Co., Ltd and a general manager of C Co., Ltd. and the victim F (37 years of age) who is an employee of C Co., Ltd. and the general manager of C Co., Ltd. performed the work of installation at a height of about 7.6 meters at the above site.

At the time, the situation was up to the weather, and the victim had been engaged in work on the steel-frame structure of not less than 2 meters, so in such a case, the defendants had a duty of care to prevent accidents in advance, by taking safety measures necessary to prevent accidents, such as (i) providing a protective device in compliance with the working conditions; (ii) installing a work plate by means of assembling a dog, etc.; or (iii) taking safety measures necessary to prevent accidents, such as installing a safety watch network or wearing a safety belt, etc., if it is difficult to install a work tag.

Nevertheless, the above victim is under work due to negligence that the Defendants failed to install safety devices and failed to thoroughly manage the workplace due to their negligence.

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