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(영문) 청주지방법원 충주지원 2013.07.19 2013고단281
업무상과실치사등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Occupational Safety and Health Act and occupational injury, death, etc. is a person who places an order for, or places an executor of, the Newly-built Studio construction, which was initiated from September 10, 2012, and takes overall charge of, work instruction and safety and health management for employees belonging to a construction site.

The Defendant had a duty of care to prevent accidents in advance by taking necessary measures, such as installing a safety net, safety watch, etc. in order to prevent falling, and by paying a safety belt, checking whether or not he/she wears the safety watch, etc., in order to prevent accidents in the course of work.

Nevertheless, at around 16:00 on October 15, 2012, the Defendant neglected this and, on the part of the victim D(the age of 58), had the victim et al. carry out the fixing work of the wall gate at the site of the fourth-story external vision work at a height of about 9 meters above the ground, and did not have the victim wear the safety belt at the above work site without installing the safety net and the safety signal at the above work site, and caused the victim to die with the floor below about 9 meters during the work and caused the death of the severe brain damage.

2. The Defendant violated the Occupational Safety and Health Act, as indicated in paragraph (1), is a person who places an order at the construction site of the Daudio Construction Site and is a contractor in charge of general affairs, including safety and health management.

The business owner shall install safety barriers on the open side of stairs the height of which is not less than 1m, and protect workers by means of installing a protective net or an smoke drum, etc. in order to prevent electric shock from being reduced by having contacted or approaching the charging parts of electric machinery, apparatus, or street, etc. due to work or passage, etc.

Nevertheless, on December 12, 2012, the Defendant did not install safety risks in the stairs of the first floor or the fourth floor with a height of at least 1m at the above construction site, and the charge department of the first floor.

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