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(영문) 수원지방법원 2017.08.31 2017고정1543
업무상과실치사등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

B(State) is a corporation that runs a construction business in Gwanak-gu in Seoul Special Metropolitan City, and a business owner who enters into a subcontract for steel bars and franchising construction works (one construction section and two construction sections) from May 14, 2015 to large-scale D apartment construction works in Yongsan-si, and Defendant A is a site manager belonging to B (State) and is responsible for the safety and health of his employees as a person in charge of safety and health management of the aforementioned construction works.

1. On October 18, 2016, Defendant A caused death due to breach of the duty to take safety measures, Defendant A had his/her employees E (38 tax) take the pit pumps installed on the steel and 28th floor of the 106-dong 29th floor of the construction site of the new construction of the apartment in the Gansi-si District D apartment.

In such cases, a business owner shall prepare a plan for handling heavy water and designate a conductor for work and direct him/her to perform work in accordance with the work plan, and in cases of dismantling work among the quantity of assembly and movement of pit pumps, the business owner shall frequently inspect whether there is anything more than a fixed steel product or replace it where any defect is found, and in cases of assembling or dismantling the pit pumps, he/she shall require the pit pumps to be carried out after hanging equipment, and in cases of assembling or dismantling the pit pumps, he/she shall ensure that the pit pumps are not removed from the supported or fixed steel product before it is delivered.

Nevertheless, Defendant A, without taking such safety measures as above, had the victim perform the work at the above time and place, and had the victim do the work on the same day 14:30 on the same day.

24 The second pit pumps are separated from the wall, and they fall up to approximately 78 meters below the wall and caused the victim's death due to their two strings, two open frameworks, etc.

Accordingly, the defendant A caused the death of the victim in violation of the occupational negligence and the safety measures of the business owner.

Summary of Evidence

1. Statement by the defendant in court;

1. F, G, H, and I.

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