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(영문) 서울동부지방법원 2016.05.19 2016고단34
업무상과실치사등
Text

Defendant

A In six months of imprisonment, the defendant corporation B shall be punished by a fine of 5,00,000 won, and the defendant corporation C and D shall be punished by each fine.

Reasons

Punishment of the crime

Defendant

D A corporation is a corporation with the purpose of construction business, etc. and is a business owner who performs the removal of buildings in Songpa-gu Seoul Metropolitan Government under contract.

Defendant

A Co., Ltd. is a corporation established for the purpose of construction business, etc., which is a business owner who subcontracted the removal of roof structures of the F building from D Co., Ltd.

Defendant

C as the representative director of Defendant D Co., Ltd., manages and supervises matters concerning fairness and safety and health of workers.

Defendant

A manages and supervises matters relating to fairness and the safety and health of workers as a site manager belonging to Defendant B.

1. Defendant A and C - A, the site warden of the company B in violation of the Industrial Safety and Health Act, shall have his/her employees remove the F Building roof, install a safe passage to be used by the employees to move to the workplace or within the workplace, maintain it in such a state as possible, and take necessary measures to prevent the crash by installing a safety room or wearing a safety belt at the place where the employees might fall, and have the duty of care to prevent accidents in advance by taking such measures as above.

Defendant C, the representative director of the D Co., Ltd., shall take measures to prevent industrial accidents when workers employed by B, a supply and demand company of D Co., Ltd., work at a place at risk of falling or falling down in the course of removing the roof of F Buildings, and have a duty of care to prevent accidents in advance by taking such measures as above.

Nevertheless, the Defendants did not install facilities to prevent fall, such as the safety passage and the safety net, necessary for the safe performance of the removal of the F Building roof.

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