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(영문) 부산지방법원 동부지원 2017.07.13 2017고단736
업무상과실치사등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, and by a fine of five million won.

(2) the date of this judgment.

Reasons

Punishment of the crime

Defendant

A is a person in charge of interest management in the field director of the corporation B who has been awarded a contract for the installation of elevators at the site of D Corporation in Yeongdeungpo-gu Seoul Metropolitan City, and the defendant corporation B is a corporation established for the purpose of manufacturing and installing elevators.

1. On September 29, 2016, Defendant A had the victim E (64) move to the lower part of the temporary work unit and work while carrying out the work of installing the interior drums at the construction site above the front of the construction site, and having the victim E (64) move to the lower part of the inner drum.

In order for workers to transport workers or to be engaged in work in a state where workers are posted by using the heading list, a work plan, including safety measures to prevent risks, such as fall, fall, electric power failure, and collapse, shall be prepared in accordance with the plan, to install an exclusive boarding equipment in the heading list and to take measures necessary to prevent the fall of the above equipment from being lowered or falling off. In the event of a structure where safety rail can be installed, a safety rail shall be installed, and a work plan shall be carried out in accordance with the plan, including safety measures to prevent risks, such as fall, fall, electric power failure, speeding, and collapse, in order to prevent risks to workers.

Nevertheless, even though the Defendant neglected to do so and caused an employee in charge of the installation of a Garails to set the temporary work site by putting the Garails up in the vicinity of the construction site and putting it up by using a steel shed, the Defendant did not take all measures to prevent the installation cost from being backward or falling off, not installing a safety rail, but not managing and supervising the safety rail to wear it, and the Defendant did not prepare a work plan, including safety measures to prevent the falling risk, so that the Defendant had the victim work by negligence while allowing the victim to do so.

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