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(영문) 부산지방법원 2016.05.19 2016고단382
업무상과실치사
Text

1. Defendant A shall be punished by imprisonment without prison labor for six months;

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A and Defendant B’s joint crime committed on the part of Defendant A and Defendant B are the representative director of E Co., Ltd. who was awarded a contract from E Co., Ltd. to KRW 1.48 billion on December 28, 2014 for construction of machinery and equipment for the purpose of installing the headquarters on the site of managing, supervising, and supervising the overall matters pertaining to safety and health of workers at the site of the construction work (hereinafter “the construction work in this case”). Defendant B is the representative director of E Co., Ltd., the instant construction work in this case from E Co., Ltd. to July 10, 2015, which was executed in Busan Seo-gu, Busan, by giving up KRW 1.48 billion from E Co., Ltd. as of May 28, 2004.

Defendant

A around June 12, 2015, around 08:30 on the construction site of this case, around 08:30, a person engaged in the work of the Corporation C, using a victim G (47 cm) with a 12-meter height of 12 meters in the fourth floor.

In such a case, if an employee is required to work in a place where the employee is at the risk of falling, the Defendants are required to install a light rail, safety watch, safety rail, etc., and in the case of installing a safety rail, the Defendants have a duty of care to take necessary measures to prevent fall, such as having the employees wear a safety seat, and having the employees wear a safety seat.

Nevertheless, Defendant A neglected this and did not install a work plate and a safety watch, and the safety rail was installed only 10,000 square meters of upper rail, but does not constitute an interim rail, the end stop, and the safety rail was not installed, and safety rail for workers without installing a bridge decoration.

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