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(영문) 수원지방법원 2019.09.25 2019고단3608
업무상과실치사
Text

[Defendant A] The defendant shall be punished by imprisonment without prison labor for six months.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

C Co., Ltd. is a corporation established for the purpose of general construction construction business, etc. in the Gyeonggi-gu Office D located in Gyeonggi-do, and is a business owner who has contracted 84,500,000 won for the removal of the building located in the Gyeonggi-gu Office F in the Gyeonggi-do Office from March 6, 2019 and works with six workers from March 6, 2019. Defendant B is a representative director of the above C Co., Ltd. who is responsible for the safety and health management of workers belonging to the above construction site, and Defendant A is a business director who resides in the above

1. At around March 16, 2019, Defendant A had the victim G (year 43) who is an employee at the site of the removal work, perform the work of dismantling the rains installed outside the removed building.

It was a place where the vision to be dismantled is located at a height of about nine meters from the ground, and thus there was a danger of falling. In such a case, the defendant who instructed work should pay a safety cap and wear it, and where it is difficult to install a work plate, a crashed network has to be installed, and where it is difficult to install it, there was a duty of care to install a safety belt to safely display it and prevent the fall danger.

Nevertheless, the Defendant neglected to install a work plate or a fall-off network and let the victim do work in the non-line pipe, and the victim did work in the non-line pipe without wearing a safety cap, and the victim neglected to work in the non-line, without paying attention to the negligence in the course of business, while the victim lost balance and fell into the floor.

Accordingly, the Defendant caused the victim to die immediately due to the above occupational negligence, such as the upper verte, etc.

2...

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