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(영문) 인천지방법원 2016.06.02 2015고단8064
업무상과실치사등
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000 and by a fine of KRW 3,000,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

B A Co., Ltd. contracted to F Co., Ltd. for the "Purchase of "Preferred Elevator at the time of the new construction of engineering Dong E", and subcontracted the elevator installation part during the construction to G.

Defendant

A is the representative director of the above B corporation and has the duty to take measures to prevent industrial accidents at the same work site.

1. Defendant A

A. On November 13, 2014, the Defendant: (a) had a duty of care to take measures necessary to prevent disasters on the job site, such as having the victim G install elevators without properly verifying whether he/she is qualified to install an elevator at the construction site of engineering Dong engineering, a FF Co., Ltd.; and (b) having the victim G install the safety devices, such as steering and emergency stop devices, prior to the installation of a diversing day, having the safety device properly installed, meeting the safety coefficient criteria, having the altered equipment used, making the safety divers use the safety divers, and making the safety divers wear the safety dives and safety divers, and continuing the operation of the divers and divers; (c) but, due to negligence and failure to take such measures, caused the victim G, who installed the divers divers installed at a height of about 27 meters of the diverset, resulting in death due to cerebr damage, etc. on the same day.

(b) A business owner who has separately contracted a part of a business conducted at the same place as the violation of the Industrial Safety and Health Act shall take measures to prevent industrial accidents as prescribed by Ordinance of the Ministry of Labor, such as safety and installation of health facilities, etc. when a worker employed by a contractor engages in work at a place at risk of industrial accidents;

(i) If the business owner engages in the work in the possession of a worker or by carrying the worker away, he shall be provided with exclusive boarding equipment.

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