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(영문) 제주지방법원 2019.07.11 2019고단294
업무상과실치사등
Text

Defendant

A Imprisonment of six months and fine of 50,000,000 won, Defendant B Co., Ltd. shall be punished by a fine of 10,000,000 won, Defendant C.

Reasons

Punishment of the crime

1. Defendant B Co., Ltd. (hereinafter “B”) is the business owner performing the “F New Construction Works” of the E-3 underground and the 11th floor above the ground in Seopo-si, Seopo-si, Jeju Special Self-Governing Province, and Defendant D (hereinafter “D”) is the business owner who subcontracted the above F New Construction Work with earth and sand erosion and earth work (hereinafter “the above construction work”) in the above amount of KRW 1,205,00,000 from the above B. Defendant A is the person in general charge of safety and health in the above B, who is in charge of the management and supervision of the entire construction work and takes charge of the safety and health of all workers working at the above site, and Defendant C is the director at D’s site and the safety manager in charge of safety management of workers.

2. Defendant A

A. From around 08:00 on September 28, 2018, the Defendant caused workers, including victims G (the age of 25) from the above construction site, to dismantle the steel structure with a height of 3.3 meters above the steel-frame structure to dismantle the facility.

Since the height of the steel structure was 3.3 meters above ground where the worker is at the risk of falling, the defendant engaged in the duties of safety and health management has a duty of care to install a work plate and a fall protection network to prevent the fall accident, and if it is difficult to install such a facility, he/she has a duty of care to install a safety belt installed to prevent the fall accident and to instruct and supervise workers to connect the safety belt with the safety unit installed to the safety unit installed.

Nevertheless, the defendant does not install a work board or a fall protection net at the above construction site, and does not install a facility to safely walk the safety belt.

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