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(영문) 부산지방법원 2020.02.06 2019고단5967
업무상과실치사등
Text

Defendant

A and C shall be punished by a fine of KRW 5,00,00,000, respectively, for six months, for each of them.

Reasons

Punishment of the crime

[Status of Defendant D Co., Ltd. is a corporation engaged in civil engineering and construction works, etc. in the Dongdong-gu, Busan. On June 8, 2016, Defendant D Co., Ltd. entered into a contract for “H main complex construction works” with F Co., Ltd. and Busan Dongdong-gu, and Defendant C is the head of the site office affiliated with D, who exercises overall control over the safety management of employees and contractors employed by the aforementioned “H main complex construction works” at the site of “H main complex construction works.” Defendant B Co., Ltd. was contracted for fire construction works among the “H main complex construction works” from Defendant D Co., Ltd. on April 20, 2017 with the head of the site office affiliated with B and takes charge of safety management of employees employed at the site of “H main complex construction works.”

[Contents of Criminal Conduct]

1. On July 8, 2019, Defendant A and C had the victim K (Nam, 65 years of age) who is an employee of the Plaintiff Company B, performed the duty of installing fire pipes at the 1st floor machinery room above J-dong, J-dong, J-dong, and J-dong, at around 11:30 on July 8, 2019.

The above work is likely to fall or fall up with a danger of falling up by the workers by placing hot gas in the fire pipes located at not less than 3 meters from the ground. In such a case, the above Defendants, who are in charge of safety management of workers employed by their employees or contractors, have a duty of care to prevent industrial accidents of workers by taking necessary measures, such as setting up a safe work engine by means of assembling the vision, etc., and allowing them to do the work above.

Nevertheless, the above Defendants, due to occupational negligence, caused the victim to perform work using a type A project of a height of 1.4 meters and a width of 25 cm, are laid on the A-type bridge.

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