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(영문) 창원지방법원 2020.10.16 2020고단1934
업무상과실치사등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who carries on construction business in the name of “C” without business registration in Busan-gu B, and is a business owner who has contracted the construction work outside of the factory board and the partitions from February 28, 2020 to March 1, 2020 by using two full-time workers from March 28, 2020 to under a contract with “factory board and the partitions” company in the Dispute Resolution Co., Ltd. in the Kimhae-si.

On February 28, 2020, the Defendant instructed workers, such as victim F (V and 52 years of age), to install a roof water tank (three meters of height) at the construction site in the above factory.

In such cases, a business owner shall take measures necessary to prevent industrial accidents that may occur in the course of work at a place where workers might fall down, install a safe passage through which workers to use at the workplace or at a place of work, and maintain the safe passage at all times to be used, provide safety caps to workers engaged in work at the risk of falling at least two meters in height and depth, and ensure workers engaged in work at the risk of falling at least two meters in depth are obliged to wear safety belts and wear safety belts in advance.

Nevertheless, the Defendant did not have a safe passage to be used by the employees in the workplace or a place of work leading to the workplace at the above construction site, and the Defendant, due to the negligence that the Defendant did not require the victim to wear safety caps and safety belts, left the instant block that follows the retaining wall concrete block (breadth 19cc) above the retaining wall while moving to the installation site for the preparation of work, such as the installation of a bridge, and caused the victim to lose the balance of body and fall down from about 3 meters to the front floor of the factory.

Ultimately, the Defendant did not take necessary measures to prevent risks as above.

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