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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2020.08.20 2019고단7270
업무상과실치사
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around April 2018, the Defendant was appointed as the head of the construction site of D Co., Ltd., the contractor of Osan Factory Construction Co., Ltd., in Osan City, and is in charge of field safety management, and the victim E (the age of 58) is a work executor who directly performs construction by re-subcontracts from the F Co., Ltd., which was awarded a subcontract for refined water pipeline installation works by the said D Co., Ltd.

On June 24, 2019, the Defendant ordered the above victim to install a static water tank on the third underground floor of the building site of the new construction site and to install the pipes connected thereto.

At the time, the third floor underground of the construction site was not completed and there was a risk of falling if a worker who is aware of the fact, and thus, the defendant, who is a construction site safety manager, was in charge of the construction site safety control, has a duty of care to prevent the fall accident by taking safety measures, such as controlling the entry of workers at a place at a risk of falling, conducting education on safety marking or other safety accidents in advance, and installing a fall prevention network in preparation for falling.

Nevertheless, the Defendant neglected the above duty of care and did not take safety measures to control access or prevent falling while the victim was working to confirm a drain pipe on the top of the third floor above the above third floor of the building, and caused the victim to be faced with the floor by the negligence that did not take all safety measures to prevent the fall. When the tent board which was not completely fixed, the Defendant left the tent board which was located far away from the floor at a height of about 270 cm.

Ultimately, the Defendant had the victim receive an emergency operation at a H hospital located in Suwon-si G due to the foregoing occupational negligence and caused the death of the victim with the cerebral cerebral cerebrovascular treatment around 11:01 on July 13, 2019.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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