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(영문) 부산지방법원 2020.02.19 2019고단5529
업무상과실치사등
Text

Defendant

A In 8 months of imprisonment, Defendant B shall be punished by a fine of KRW 5,000,00, and Defendant C shall be punished by a fine of KRW 10,00,00.

Reasons

Punishment of the crime

Defendant

C A stock company is a corporation that carries out transportation business, etc. in Busan Geum-gu D and Geum-gu E. The defendant A is a representative director of the C stock company who exercises overall control over the safety management of employees belonging to C, and the defendant B is a person in charge of safety management of employees belonging to C.

1. around May 29, 2019, Defendants A and B jointly committed the work of dismantling a temporary building (ware) by having the victim F (ma) who is a worker of the C Co., Ltd. (ma, 55 years of age) who is an employee of the C Co., Ltd. in the Geum-gu Busan Metropolitan Government E.

Since such work was conducted to dismantle a temporary structure of at least 2 meters high, the Defendants, who are responsible for the safety management of employees, have the victim wear safety caps and safety belts. After conducting a prior investigation into the structure, surrounding circumstances, etc. of the building, etc., the Defendants, who have been responsible for the safety management of employees, should prepare a work plan that includes the method of dismantling, the order and drawings of dismantling and other matters related to safety and health, etc. and work in accordance with the plan. In order to prevent the fall of the victims, the Defendants, who had a duty of care to prevent industrial accidents by taking necessary safety measures, such as installing a work launch board and having them work using it.

Nevertheless, at around 08:56 on the same day, the Defendants did not take such safety measures, and around 08:56 on the same day, while performing the work to remove the external fee on the roof of a temporary building consisting of the 2.4 meters high of the victim, the sandd position board fells into the floor because the sandd position board was collapsed, and the victims were immediately transferred to the hospital, however, the same year.

6.4. 11:57 At around 11:57, two parts were destroyed to death.

2. Defendant A

(a) In cases where a business owner installs a safe railer in order to prevent the fall, etc. of workers, the upper railer shall be the floor, board, or line;

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