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(영문) 의정부지방법원 2015.05.27 2015고단370
업무상과실치사등
Text

Defendant

A Imprisonment for eight months, Defendant B’s imprisonment for six months, Defendant C’s fine of three million won, and Defendant D.

Reasons

Punishment of the crime

1. The Defendants’ identity, Defendant C, a corporation established for the purpose of running the construction business, is the business owner performing the new construction business by being awarded a contract from F to the Government of Gyeonggi-si. Defendant A, a corporation affiliated with the above C, is the person in charge of safety control who controls the construction site of this case. Defendant D, a corporation established for the purpose of running the construction business, is the business owner who performs the construction business by being awarded a subcontract of reinforced concrete among the construction works of this case from the above C. Defendant B is the person in charge of safety control who is affiliated with the above D and manages the part of the instant reinforced concrete construction, and

2. Defendants A’ occupational negligence, death and violation of the Occupational Safety and Health Act, Defendant B’s violation of the Occupational Safety and Health Act (hereinafter “Industrial Safety and Health Act”), around June 8, 2013, are at a risk of lowering the diameter of the 1st underground floor newly constructed at the above construction site and the sloping facilities installed inside and outside of the 5th G building on the ground level. The place of the work is at a location where the workers engaged in dismantling the steel pipe, the length of which is at least 20 meters through four sides of buildings equivalent to the height of about 20 meters from the ground level, and the steel pipe, the length of which is at least 1 meter in length installed at the width, are at a location where there is a danger of lowering the diameter of the sloping pipes installed while the locker was removed, and thus, Defendant A and Defendant B, a safety control manager at the above construction site, prohibited from having access to and leaving the relevant areas, and establish and prevent any danger, such as the installation of the sloping, protection of the water level, etc.

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