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(영문) 인천지방법원 부천지원 2019.06.14 2018고단3348
업무상과실치사등
Text

Defendant

A Imprisonment of six months, Defendant B shall be punished by a fine of seven thousand won,00,000 won, respectively.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is a director of the C Apartment Management Office, who is responsible for safety and health management for preventing industrial accidents of his employees, and the defendant B is a corporation established with its head office in Gwanak-gu, Seoul Special Metropolitan City and for the purpose of building and housing management, facility maintenance and management business, and the above C Apartment.

1. Defendant A’s business owner has a duty of care to take safety measures to ensure the payment and wearing of safety caps when the workers are engaged in an operation in danger of falling, and to take necessary protective measures, such as the installation of safety belts, fences, vertical crashs, or covers, at a place where the workers might fall down, as the end or opening part of the work launch and passage, and where it is difficult to install the fall protection network, he/she has a duty of care to take safety measures to prevent the danger in the course of work at a place where workers might fall or are likely to fall.

Nevertheless, around 09:38 on May 24, 2018, the Defendant did not require the victim F (55 years of age) who is an employee under his/her control to pay and wear safety belts and safety caps, and caused the victim to do work at the same site by negligence on duty, which caused the victim to fall below 68 meters of vadi and die due to diversification.

As a result, the Defendant did not install a safety signal at a place with a danger of falling, and did not manage employees who work in such place to pay and wear safety belts and safety caps, and did not take all measures to prevent industrial accidents, thereby causing the victim to die by occupational negligence.

2. Defendant B Co., Ltd. is the employer of the Defendant at the same time and place as paragraph (1).

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