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(영문) 인천지방법원 부천지원 2017.06.22 2017고단823
업무상과실치상
Text

Defendant

A shall be punished by imprisonment without prison labor for four months, and by a fine of three million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

B as the director of the Ministry of Construction and Transportation of “E”, the above company is a site manager of the “G New Construction Site to be performed by F in Bupyeong-si, Busan, and the defendant A works at the above construction site.

Defendant

B, around 10:00 on May 5, 2016, Defendant A et al. had employees of the five floors of the building that was newly constructed at the construction site at the above level, to install a rain plate using a rain pipe, cluor, etc., and thus, as the site warden of the above construction site, he/she has a duty of care to educate and guide the employees participating in the work in advance to safely work at the construction site so as not to cause any accident, such as the rain pipe, etc., while the above work site site site site, and to prevent any accident, he/she has a duty of care to properly take measures for the prevention of falling-off accidents, such as educating and guiding the workers participating in the work at the construction site in advance to ensure that such falling-off accidents, etc. do not occur.

In addition, Defendant A was a worker participating in the above work, and there was a duty of care to safely work with due care so that there is no accident that the work tools, construction materials, etc. are underlined during the work so that there is no accident that workers or players are faced with the above construction site.

Nevertheless, the Defendants neglected to do so, and the Defendant’s non-interline pipe ( approximately 1 meter in length, approximately 5cm in diameter) which was laid down on the outside string of the fifth floor of the building that was newly constructed in the course of the work of Defendant A, which was suitable for the head of the victim H (30 years old) where Defendant A was flying off the string of the string and without any control over the string of the safety chain.

As a result, the defendants jointly need to give approximately six weeks of medical treatment to the victims by negligence in the above business.

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