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(영문) 수원지방법원 안산지원 2016.12.08 2016고단3870
업무상과실치상
Text

Defendant

A and C shall be punished by a fine of 6 million won, and Defendant B shall be punished by a fine of 6.5 million won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a head of civil engineering work site leader under the control of E, who is a person in charge of the field work. Defendant B is the head of the above field work site leader under the control of the corporation E, and Defendant C is the person who is the head of the above field work site leader, and Defendant C is the person who is the supervisor of the above site in E, a subordinate company under the control of G.

1. On October 5, 2016, Defendant A was engaged in the work of excavating the lower-lanes to the existing heat pipelines laid underground at the site of the construction of the F Heat pipeline in Ha in light of the luminous time and connecting them to the new pipes laid underground. Defendant B and Defendant C supervised them.

In such cases, a person engaged in construction works has a duty of care to prevent accidents caused by falling objects in advance by installing safety facilities (i.e., soil gates) so as to prevent soil erosion on the wall that dumpers out of the site by excavating the lower lane of the road at the construction site.

Nevertheless, the Defendants neglected to do so, and installed a soil door only on the wall of 2 sites of total 3 sites, and enforced construction at night. Accordingly, the soil erosion on the wall of North Korea on which soil is not installed, which caused an accident that covers the body of the body of the workers working underground.

As a result, the Defendants conspired to and caused the victim I (the 44 years of age) to suffer an unsatisf in the number of days of treatment, and the victim J (the 46 years of age) suffered injury, such as the right satisfy to the right satfy that requires treatment for about 3 months. The victim K (the 62 years of age) suffered injury, such as an unsatfying 1 in the number of days of treatment, and the victim L (the 58 years of age) suffered from an unsatfy satfy in the number of days of treatment.

2. A person who intends to excavate or expropriate a road according to an order issued by the competent road management authority or the competent project execution authority shall do so three days prior to the execution of the project;

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