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(영문) 수원지방법원 안산지원 2018.01.11 2017고단3112
업무상과실치사등
Text

Defendant

A A shall be punished by a fine of KRW 6,000,000 and by a fine of KRW 5,000,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

B A corporation is a corporation established on July 5, 2009 for the purpose of building construction business, etc. under the Yeongdeungpo-gu Seoul Metropolitan Government C building 402. A corporation is a business owner who performs construction business from December 1, 2015 to March 31, 2017 after obtaining a contract from the Fund in charge of the project for the construction of the EM and the new construction of the business facilities located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter referred to as the “FF”), and Defendant A is a person responsible for the safety and health of his/her employees and contractors, who is a site manager at the construction site and a general manager in charge of safety and health of its employees.

1. Defendant A

(a) Any business owner who violates the Occupational Safety and Health Act, resulting in death or injury, and industrial safety shall install a safety rail, etc. at the place where the workers might fall as the end or opening part of the work board and passage;

Nevertheless, the Defendant, at around 15:30 on February 12, 2017, instructed the victim G (62 tax) to install a storm vinyl in the small balcony hole of the fourth floor shelter, and caused the death of the victim by neglecting his/her duty of care by neglecting his/her duty of care, such as providing the victim with a crash prevention network or safety rail, even though he/she had a duty of care to prevent the fall of the victim, but he/she did not have such duty of care, and by neglecting his/her duty of care, ordered the victim to work on the part of the victim.

B. Violation of the Industrial Safety and Health Act 1) Where a business owner installs a safety rail in order to prevent the danger of workers’ fall, etc., he/she is required to form a upper rail, middle rail, and stalle board and a rail pole at the end, but the Defendant did not install an interim rail rail on the safety rail installed on the part of stairs in the 7th floor or rooftop section in the construction site around February 13, 2017.

2) In the event that a business owner engages in work using loading and unloading machinery, the business owner shall engage in the work in question and in the topography, ground, and ground condition, etc. of the workplace in order to prevent any danger to workers.

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