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(영문) 전주지방법원 남원지원 2017.05.30 2017고단51
업무상과실치사
Text

1. The punishment of Defendant A shall be determined by imprisonment without prison labor for six months;

, however, the period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

The limited company C is a business owner who engages in the construction business and implements the F Improvement Project from March 20, 2015 to September 13, 2016 (hereinafter “the construction of this case”). Defendant B is a representative of the limited company C, who is a general manager in charge of the safety and health of the construction of this case, and Defendant A is a manager in charge of the construction of the site of the construction of this case.

1. Violation of the Industrial Safety and Health Act;

A. Defendant B 1) The business owner who committed a crime related to the death of an employee due to the violation of the duty to prevent the crashing of the employee shall take necessary measures to prevent the fall risk, such as setting up safety rail and protective devices, etc. at a place where the employee might fall at the risk of falling, and having the employee wear safety belts, etc., and, inasmuch as there is no dispute over the objective details related to the instant case and the Defendants’ negligence, the Defendants’ exercise of the Defendants’ defense right is not impeded, the facts charged are corrected ex officio by deeming that the act does not interfere with the Defendants’ exercise of the Defendants’ defense right (hereinafter the same as the case). In addition, the business owner should prepare a work plan that includes safety measures, etc. to prevent the fall risk

Nevertheless, the Defendant did not install a safety rail and safety net in the construction site of this case, and did not prepare a work plan, including safety measures, etc. to prevent the fall risk, in handling heavy water, and did not prepare a work plan around April 26, 2016, which included safety measures, etc. in the handling of heavy water at the construction site of this case, and sent the said G after around 00:03 on May 7, 2016, by leaving the river floor of the instant construction site from the river floor where the workers engaged in piling up the stone embankment at the site of this case (67 years old) on the ground of this defect.

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