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(영문) 수원지방법원 2020.04.23 2020고단169
업무상과실치사등
Text

Defendant

A shall be punished by a fine of KRW 10,000,000 and by a fine of KRW 5,000,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

【Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation established on February 28, 200 for the purpose of construction business at Osan-si, and is a business owner who contracted for KRW 7,049,90,000 from F to construction company for KRW 7,00,00,000 and executes construction from November 12, 2018.

Defendant

A is the head of the division belonging to the Defendant Company and the head of the division belonging to the instant construction site and the person in charge of safety and health management who controls and manages the safety and health of employees belonging to the Defendant Company for the Defendant Company.

【Criminal Facts】

1. Defendant A

A. On August 16, 2019, around 08:10 on August 16, 2019, the Defendant, due to the death of workers, caused the victim G (the 57 years of age) to move down the PVCR mack, which is a building material loaded in front of the 8th floor of the building at the instant construction site, by ordering the victim G (the 57 years of age) to install a slab cluster of the 7th floor of the building at the instant construction site.

At the time, the 8th floor of the instant construction site is a floor opening part (a 480 cm in length, 245 cm in length) of the floor which is installed to attract materials necessary for clers at the time, and workers engaged in nearby work at the risk of fall. As such, the business owner has a duty of care to manage and supervise the work in a place where the workers might fall at the end or opening part of the work launch and passage, with a structure sufficient for protective measures, such as safety rail, fence, vertical fall-off net or cover, etc., and the business owner has a duty of care to take necessary measures to prevent the danger in the course of performing the work so that he/she can take necessary measures to prevent the danger, and to manage and supervise the work in such a place.

Nevertheless, the Defendant shall install protective equipment, such as safety distress and safety straws, to prevent workers from falling in the openings, such as materials liftings.

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