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(영문) 창원지방법원 마산지원 2015.11.10 2015고단545
업무상과실치사등
Text

Defendant

A A shall be punished by a fine of KRW 3,000,000,000, for eight months in prison.

Defendant

B above.

Reasons

Punishment of the crime

Defendant

A is a business owner who runs the manufacturing and installation business in the name of F in the Haan-gun E in the Haan-gun, Chungcheongnam-si, and Defendant B is the representative director of Defendant C Co., Ltd., a company that runs the construction business in the Haan-si, Chungcheongnam-si, Chungcheongnam-si, and the above C subcontracted the steel frame construction to the above F Co., Ltd. from among the I factory construction works in the Haan-si, Changwon-si

1. At around 11:40 on February 17, 2015, Defendant A had the victim J (56 years of age) who is an employee employed by the said FF company, work for the installation of a crum at a height of 6.8 meters at the construction site of the said I factory (200 meters in width).

In a place where workers might fall down at work, the business owner has a duty of care to take measures necessary to prevent the danger, such as having workers wear safety caps and safety belts, and having workers wear them by means of assembling a dog, etc., or having workers wear safety belts, etc.

Nevertheless, the Defendant did not take necessary measures such as checking whether workers wear a safety cap and a safety belt, but did not install a work tag or a safety net or install facilities that can use a safety belt.

위와 같은 상황에서 피해자가 안전모 턱끈을 제대로 조이지 아니하고, 안전대를 걸지 아니한 상태에서 위와 같이 6.8m 높이에 설치된 철골(폭 200mm) 위에서 데크플레이트 설치 작업을 하던 중 추락하여 같은 날 11:47경 피해자로 하여금 위 현장에서 외상성 뇌손상 등으로 사망에 이르게 하였다.

Accordingly, the defendant caused the death of the victim by occupational negligence, and at the same time preventing the danger at a place where workers might fall during work.

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