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(영문) 청주지방법원 영동지원 2017.12.21 2017고단95
업무상과실치사등
Text

Defendant

A In four months of imprisonment, Defendant B is punished by a fine of 3,00,000 won, Defendant C is punished by imprisonment without prison labor for three months, and Defendant C is punished by imprisonment without prison labor.

Reasons

Punishment of the crime

Defendant

D Co., Ltd. (hereinafter referred to as “D”) is a corporation for the purpose of general construction business, etc., and a business owner performing metal structures and windows among new construction business from YYF, Chungcheongnam-gun, Chungcheongnam-gun, Inc., and Defendant C takes overall control of the above construction site as the actual operator of Defendant D and manages the safety and health of the employees belonging to Defendant D and their contractor. Defendant B (hereinafter “B”) is a corporation for the purpose of electrical construction business, etc. and is a business owner performing telecommunications construction business upon subcontracting from Defendant D to the above construction site. Defendant A is a representative director of Defendant B, who takes overall charge of the above telecommunications construction business and manages the safety and health of the employees belonging to Defendant B.

1. Defendant A and the Defendants: (a) around November 29, 2016, at the above construction site, had the victim H (S 46) perform electrical wires operation for the installation of electric lights inside the ceiling of a newly-built warehouse.

The above work is conducted from the floor of the building to around 3.5 meters by the worker. At the time, there was a tent set up in the ceiling upper part of the building, but the width was not appropriate for being used as a moving passage or a work launch plate with 5 to 10cm, while the sand position panel set up in the ceiling lower part of the building, which was established without considering the job load in the ceiling lower part, and there was a risk that the worker might fall by leaving the panel if the worker goes through and works for the said panel at the ceiling lower part of the ceiling.

In such cases, the Defendants shall install a work light or safety net, and when it is difficult to install it, shall take necessary measures to prevent the fall risk, such as having workers wear a safety light, and have workers wear a safety cap.

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