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(영문) 수원지방법원 안양지원 2018.08.23 2018고단839
업무상과실치사등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person in charge of safety and health management of workers, who have been awarded a subcontract for a “D New Construction Work” work performed by C in the former, in the field of “D New Construction Work,” which is performed by C Co., Ltd., in Ansan-si, and who are in charge of supervision and safety management of construction

When the Defendant assembled and uses the horses, the Defendant shall take measures necessary to prevent the danger at a place where the employees may fall at the risk of falling, such as using the props at the bottom of the absence of the props, and making the props at a level not exceeding 75 degrees, etc., and there was such duty of care as above.

Nevertheless, at around 11:30 on November 10, 2017, the Defendant did not install a device to prevent the fall at the bottom of the absence of a “Malaysia” prop at the construction site, and violated the duty to prevent the fall of workers by installing a road on the 79.5 degrees exceeding 75 degrees in the absence of a prop and horizontal shield.

As a result, the victim F(61) went away from the auxiliary part to fix the absence of support to the right side of the horse while he was getting off to the right side of the end, resulting in the death of the victim F(61) on November 13, 2017, when he was under treatment at G hospital when the head was faced with the concrete floor due to the decline of the horse, and the victim went back to the center, and the head was faced with the concrete floor.

Accordingly, the Defendant did not take necessary measures to prevent the fall risk, and caused the death of the victim by negligence in the above business.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, I, and J;

1. A death certificate;

1. A report on internal investigation:

1. Application of statutes, such as site photographs;

1. The death of a worker who violates the duty to take safety measures pursuant to Articles 66-2, 23 (3), and 71 of the relevant Act on the Safety and Health of Industry;

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