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(영문) 춘천지방법원 2015.04.16 2014고단1196
업무상과실치상등
Text

1. Defendant A shall be punished by a fine of KRW 3,00,000 and a fine of KRW 1,000,000 shall apply to Defendant B’s limited partnership company.

2. The defendant.

Reasons

Punishment of the crime

Defendant

A limited partnership company B is a corporation established for the purpose of civil engineering, construction, etc. with the head office in Chuncheon City D and 307, and is a business owner who performs construction works of the G fence in relation to F works in Gangwon-gun E by contract with 158,550,000 won in construction amount. Defendant A is a representative member of the above limited partnership company B and is a safety and health manager for workers at the site of construction works of the above fence.

1. At around 15:00 on March 30, 2014, Defendant A had the victim H (the 63-year-old age), a worker, set up the fence at the site of installing the said fence, and had the victim H set the Y-type fixed frame at the top of the fence.

Since the fixed work of the above le-type steel network was conducted for workers to go up at a height of about 3 meters from the ground by using the wall, there was a risk of a fall accident in the course of the work. In such a case, the defendant, who is the safety and health manager of the workers in the field where the above fence was installed, has a duty of care to prevent the fall accident that may occur during the work by taking safety measures, such as providing the workers with protective outfits, safety belts, etc., and installing a work plate at the site.

Nevertheless, the Defendant did not provide the victim with protective outfits, safety belts, etc., and was negligent in ordering the victim to do work at the site without installing a work plate, and caused the victim to suffer bodily injury, such as an injury to the victim, by falling down on the ground during work and falling down on the ground and not knowing the number of treatment days.

2. Defendant B limited partnership company committed an act in violation of the Occupational Safety and Health Act as stated in the above Paragraph (1) with respect to Defendant’s business at the date and place specified in the above Paragraph (1).

b)a summary of the evidence;

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