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(영문) 서울남부지방법원 2018.02.20 2017고단6442
업무상과실치사
Text

Defendant shall be punished by imprisonment without prison labor for six months.

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

Reasons

Punishment of the crime

The Defendant is the representative of D Co., Ltd. that received a contract for the construction of a new multi-household in Guro-gu Seoul Metropolitan Government.

On October 14, 2017, at around 13:40, the Defendant had the victim E (35 years of age) use the string to seven floors from the 7th floor of the newly constructed house at the construction site.

In order to transport heavy objects, such as water pumps, by using a string, the strings shall be firmly installed in a balanced manner in preparation for the falling of the strings, and where the strings may be installed, a safety rail shall be installed, and where the strings or life jackets may be installed, a safety rail shall be installed, and a work shall be conducted in accordance with the plan, including safety measures to prevent danger, such as fall, collapse, etc., in order to prevent the danger of workers.

Nevertheless, the Defendant neglected this and did not have a safety manager, such as a site manager, and did not control and supervise the safety rail to wear and work a safety string, and did not prepare a work plan, including safety measures to prevent the fall risk, and did not check whether the string is safely installed, and caused the victim to work on the top of the first floor by negligence without preparing a work plan, including safety measures to prevent the fall risk, and allowing the victim to work, and at the same time, the string of the string to the back of the support in which the string was carried out, and the string to the head part of the victim, and the victim who worked on the seventh floor fell down with the string floor.

Ultimately, the Defendant caused the victim’s death by occupational negligence on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to F and GH;

1. A written appraisal of autopsy;

1. Application of statutes on site photographs;

1. The relevant Article of the Criminal Act concerning the crime;

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