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(영문) 수원지방법원 2018.08.23 2018고단3117
업무상과실치사등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a personal constructor who employs five full-time workers from around August 24, 2017 and performs the new construction of a factory located B from C to 140,000,000 won, and is a person who is responsible for safety and health of his/her employees.

1. On September 23, 2017, the Defendant, such as occupational injury and death, had the victim D (54 tax) perform the work of attaching a wall board to the temporary warehouse at the construction site above the morning around the morning.

Where the business owner wears safety belts to workers at a place at a height of at least 2 meters at the risk of falling, he/she shall install equipment, etc. to safely string in front, and have workers engaged in work at the risk of falling wear safety caps, and have workers engaged in work at the risk of falling wear safety caps, and take measures for the protection, such as vertical fall telescopes, etc. at the place where workers are at the risk of falling shall be built in a reinforced structure with sufficient strength.

Nevertheless, the defendant neglected the above duty of care and did not install equipment to walk the safety belt at the place where the board is attached to the board, and instead did not properly control and supervise the victim to wear the safety belt, and did the victim take protective measures, such as the fall room, and caused the victim to wear the board on the steel structure at a height of about 7.5 meters from the ground and caused the victim to wear the board on the outer wall, by negligence, which caused the victim to wear the steel structure at a height of about 7.5 meters from the ground, and caused the victim to die in the middle door in the same day after around 09:35 on the same day.

2. Where it is impracticable for a business owner who has violated safety measures to install a rail, etc. or he/she should dismantle a temporary rail, etc. for the necessity of works, he/she shall install a safety net;

Nevertheless, the defendant is located at the above construction site on September 28, 2017 at a height of at least 7.5 meters.

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