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(영문) 창원지방법원 진주지원 2021.02.18 2020고단1823
업무상과실치사등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a business owner who runs a construction business by employing five full time workers at the construction site of a new construction project for detached houses located in B at the Jinju-si without registering a separate business owner and is responsible for the safety and health of the said construction site.

At around 10:29 on June 10, 2020, the Defendant had the victim C (son, 66 years of age) perform the work of dismantling 2 short-term work boards installed on the same side of the building at the construction site.

In such cases, the defendant shall pay a sub-lease to workers engaged in work at a place where material objects are likely to fall or fall, in accordance with the Industrial Safety and Health Act, and shall wear safety railing, fence, vertical fall telescopes, or cover at the place where workers might fall as the end or opening part of the work launching and passage. In such cases, the defendant has a duty of care to take necessary measures to prevent safety accidents to workers, such as installing a fall protection network, etc.

Nevertheless, the Defendant neglected to do so and did not require the victim to wear a safety wear, but the victim was negligent in failing to take a protective measure against the upper opening of the work board, thereby falling down at a height of about 1.8 meters during the process of dismantling the rain.

Ultimately, the Defendant caused the victim’s death by occupational negligence on June 11, 202 by allowing the victim to die at a university hospital located in Jinnam-ro 79, Jinju-si, Jinju-si, and did not take necessary measures to prevent industrial accidents, thereby causing the death of a worker.

Summary of Evidence

1. Statement by the defendant in court;

1.Each of D and E.

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