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(영문) 부산지방법원 2014.05.16 2014고단97
업무상과실치사
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Since May 25, 2012, C is a company that constructs new buildings in Busan Jung-gu, Busan, and the defendant is the head of the site office belonging to C, who is in general charge of safety and health in charge of preventing industrial accidents that may arise when workers and contractors work, and E is a company that receives reinforced concrete construction from the above new construction company around November 8, 2012.

The Defendant, as a person in general charge of safety and health in the construction site above, in the case of a business in which a business conducted in the same place will give a contract for all of the construction works in the same field, shall take measures to prevent industrial accidents that may arise when his/her workers work at the same place. In order for workers belonging to the above E Co., Ltd. to prevent workers from falling, etc., he/she has a strong structure with sufficient strength to take protective measures, such as safety distress, fall, etc. in order to prevent the danger of falling, etc. of workers. In the event that safety distress is installed, he/she has a duty of care to take necessary measures to prevent the danger of falling, etc. of workers, such as installation of a structure of a metal pole or a pipe with at least 2.7 centimeters in diameter, an interim distress, and

Nevertheless, at around 15:35 on September 14, 2013, the Defendant neglected the above duty of care, and caused the Victim F (the 49-year-old) to perform cleaning work, such as garbage, in the vicinity of the opening of the rooftop floor in the construction site of the new construction site, the Defendant, while installing a watcher for textile materials in the front section of the above opening section, and worked to facilitate the entry of the safety control net installed in the front section of the opening to the upper part of the opening.

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