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(영문) 인천지방법원 2016.02.15 2015고단7922
업무상과실치사등
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation that runs a construction business with its head office in the light of the economy.

Defendant

A is a person who is responsible for the safety and health management of the employees of B Co., Ltd. working at the construction site as a field manager of the site in Yeonsu-gu Incheon Metropolitan City D apartment complex, repair, rupture repair, and redo construction site management performed by B Co., Ltd. under a contract from the representative meeting of occupants of D apartment houses.

1. Defendant A, around September 7, 2015, had the victim E (48 years old) (a person who works for the day duty of B Co., Ltd. in D apartment units, sit in the bridges (in the rain for work) and carried out water cleaning work of apartment glass.

At a height of 30 meters, there is a danger that workers might fall during the work site. Thus, in order to prevent the fall risk of workers, the Defendant, who is in charge of safety management at the construction site, has a duty of care to prevent the fall accident prior to the commencement of the work, such as installing a safety belt and a life rope in the middle of the month in order to prevent the fall risk of workers. In the case of a structure for which a safety rail can be installed, a safety rail was installed.

Nevertheless, the Defendant neglected this and failed to check the water cleaning system before the water cleaning work and had a life rope installed, and the victim, who was engaged in water cleaning work of the glass hold, fell.

Ultimately, the Defendant caused the death of a victimized person due to the above occupational negligence by failing to take safety measures for his/her employees at the same time, while causing the death of the injured person due to cerebrovascular transfusion at around 15:52 on the same day.

2. As to the defendant's business at the above date, time, and place of defendant B, A, the defendant's field warden, as above.

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