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(영문) 인천지방법원 2017.09.21 2017고단4933
업무상과실치사등
Text

[Defendant A] A is punished by imprisonment without prison labor for six months.

However, the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

The Dispute Resolution Co., Ltd. shall be a corporation owner who has employed seven full-time workers in Incheon Seo-gu, and the defendant C shall be responsible for the safety management of its employees as the representative director of the said Dispute Resolution Co., Ltd., the defendant A shall use one full-time worker, and the business owner who has been awarded a subcontract from the said Dispute Resolution Co., Ltd., and the defendant D shall be an employee of the said Dispute Resolution Co., Ltd. and shall be responsible for the safety management of the field workers as the director of the said Construction Co., Ltd., and the defendant D shall be an employee of the said Dispute Resolution Co., Ltd.

1. When Defendant A’s business owner carries out steel-frame absentee painting works using vehicle meters, such as loading and unloading, transportation, machinery, etc., he/she shall prepare a work plan according to the relevant work, designate a conductor and perform work in accordance with the relevant work plan, and when he/she carries out work in a place where workers are at a risk of fall using a vehicle onto the train-type accusation work unit, he/she shall not deviate from the work unit, and when he/she carries out work in an inevitable manner, he/she shall install a sub-lease installation and connect safety belts with him/her;

On March 19, 2017, at the above construction site around 10:10, the Defendant had the Victim G (55) (55) (a staff member of the Defendant) work on the side surface of the second floor of the steel-frame structure located at a height of 8.5 meters above the ground located on the 8.5 meters of the ground located in the vehicle payload-type complaint work unit, and thus, the Defendant had a duty of care to have the victim prepare a safety work plan in advance and perform the work accordingly, and wear safety caps, safety belts, safety shoes, etc. in order to prevent the fall or related accidents.

Nevertheless, the Defendant did not prepare a work plan for filing a complaint, and had the victim do work without wearing safety outfits, and the damaged person lose balance in the course of his work, and safety railing and steel structure.

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