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(영문) 대전지방법원 홍성지원 2013.10.02 2013고단424
업무상과실치사등
Text

Defendant

A and B shall be sentenced to 10 months of imprisonment, Defendant C shall be sentenced to 8 months of imprisonment without prison labor, Defendant D Limited Liability Company D and Limited Liability Company E, respectively.

Reasons

Punishment of the crime

1. Defendant A, B, and C are the field director of the I hotel construction site at H at the time when he was ordered by G and executed by E, and the person who comprehensively supervises and supervises the construction site supervision and safety control affairs. Defendant B is the representative of D who was awarded a subcontract for the part of the I hotel construction work from the said I hotel construction work by E, and Defendant C is employed by the above B and operated the Irter and performed excavation work at the above construction site.

Defendant

A and B, around 12:30 on January 15, 2013, at the construction site at H at the same time, the Defendant C had the Defendant C perform excavation works related to the construction of soil by using digging devices.

Defendant

A A Person in charge of safety management is the representative of D Co., Ltd. who has been awarded a subcontract for the above construction work. In the above case, Defendant B is the representative of D Co., Ltd. who has been awarded a subcontract for the above construction work and has a safe passage to be used by workers at the workplace or workplace, and in the event that work is done by using vehicle meters, such as digging machines, it shall not be allowed to enter workers at a place where workers are at a risk of faced by workers due to contact with the construction machinery of the vehicle in operation. If workers are allowed to enter the workplace, he has a duty of care to take necessary measures, such as placing an guide and induce the construction machinery of the vehicle in question, and Defendant C has a duty of care to closely look at the front and rear left and drive the digging machine in order to prevent accidents by checking other persons within the working group.

Nevertheless, Defendant A and B neglected this and did not have a safe passage to be used by workers in the workplace, and even if they were to be in a situation where excavation work was conducted by using a excavating machine, it shall be cut off.

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