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(영문) 서울중앙지방법원 2013.05.24 2013고정1043
업무상과실치사등
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

1. Defendant A is a person who actually operates a stock company B and manages the safety and health affairs of its employees.

Defendant

B A Co., Ltd. is a corporation established for the purpose of electrical construction business, etc. in e.g., a corporation established in e.g., the purpose of which is to conduct electrical construction business in e.g., an E Co., Ltd. with four workers awarded a subcontract for at least 3.85 million won from E Co., Ltd., which is a supplier of lighting, etc.

2. Around June 21, 2012, Defendant A violated the Occupational Safety and Health Act and the occupational injury, death, etc. of Defendant A had the Victim F (the 40-year-old age) who is his/her employee in Gangnam-gu Seoul Metropolitan Government Dsung F (the 40-year-old age) perform the replacement of lighting lighting of the above gender party.

However, the above workplace is located in the height of not less than 9 meters from the ground of the ground, and the ceiling floor of the tent was the string, and if people take the string, the string could not change the string and the person on the string could fall into the string floor.

Since the above victim's working place is at the risk of falling as above, the defendant, who instructed the above victim to replace the lighting light with the above victim, was not obliged to take measures for preventing the crashing, even though he had a duty of care to take measures for preventing the crashing, by installing a safety net or installing a equipment capable of carrying the safety belt in order to prevent the crashing danger, or by carrying out work after installing a work passage to safely cover the safety.

In the absence of such a fall preventive measure as above, the victim replaced the lighting light from the above Sungcheon to the electric power line, and followed the tamper part toward the gate of the tent. The victim, who was the gate, is away from the above floor below nine meters.

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