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(영문) 청주지방법원 2019.09.26 2017고단2246
업무상과실치사등
Text

Defendant

A Imprisonment of 10 months, Defendant B’s imprisonment of 8 months, fine of 1,00,000 won, and Defendant C’s fine of 7,000.

Reasons

Punishment of the crime

1. The Defendants Co., Ltd. (hereinafter “C”)’s status as the Defendants is a corporation for the purpose of construction business, etc. located in the Cheongju-si D Building (three floors), which is to construct “F facilities” located in the Cheongju-si E (hereinafter “instant construction work”), and Defendant B, as the C site manager at the construction site of the instant construction site, is a person in charge of identifying the work status of the entire workers and directly supervising and supervising the safety and health business of workers, and the corporation G (hereinafter “G”) is a corporation for the purpose of manufacturing the steel structure located in the 3th floor H building of the 3th floor in the Cheongju-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and the business owner who was subcontracted the waterproof and aesthetic construction work among the instant construction site from C, and Defendant A is a person in charge of identifying the work status of workers belonging to G in the construction site of the instant construction site and supervising and supervising the safety and health business.

2. Defendant B

A. Violation of the Occupational Safety and Health Act, occupational failure, death, etc. in the construction site of this case, the Defendant, as the end or opening part of the work launch board and passage requiring the installation of safety accidents at the construction site of this case, had a duty of care to prevent the contractor’s workers from falling down by installing a strong structure with sufficient strength to take protective measures, such as safety accidents, fences, vertical fall-off net, or cover, at a place where the contractor’s workers fall down and may cause industrial accidents.

Nevertheless, on January 19, 2017, the Defendant neglected this and did not install a safe guard, fence, fall-off net, or cover at a 2.5-meter minimum construction site on the second floor of the instant construction site. On January 19, 2017, the Defendant had the victim J (5 years of age) who was an employee who had been engaged in funeral work on the ceiling at the instant construction site.

Accordingly, the Defendant, at around 04:08 on January 23, 2017, Seowon-si, Cheongju-si.

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