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(영문) 대구지방법원 안동지원 2015.04.14 2014고단827
업무상과실치사
Text

1. Defendant A shall be punished by a fine of KRW 3,00,000, Defendant B, and Defendant C by a fine of KRW 5,000,000, respectively.

2. The defendant.

Reasons

Punishment of the crime

Defendant

A as a director of C, is a field agent for the Pore-NT equipment steel framed in the E- 2 plant located in Gyeongbuk-gun H, and Defendant B is a representative director of C, who is a person in charge of safety management for workers belonging to the above construction work. Defendant C is a business owner who engages in industrial machinery manufacturing, etc. in Y in Thai City, Thai City, and is a business owner who performs steel framed in the above construction site after being awarded a contract from E.

1. On February 28, 2014, at the above construction site around 09:10, Defendant A had the victim J (year 62) who is an employee of the said C, used an oxygen cutting machine to dismantle and remove the booms.

At this point, there is a risk of workers to fall down and fall down at a height of 4 meters above the ground, and therefore, an on-site agent has a duty of care to specifically instruct a safe work order and to prevent accidents, such as installing a safety net at the bottom of the workplace in preparation for a case where workers fall down.

Nevertheless, the Defendant neglected this and did not issue an order of safe work without installing a safety net, and had the victim proceed with the work without installing a safety net. The victim, who cut the support unit by using the oxygen cutting machine above, cut it first, and cut the accumulated amount into approximately 4m below the floor.

Ultimately, around February 28, 2014, around 09:40 on February 28, 2014, the Defendant caused the death of the victim through occupational negligence, such as double pelkes during transmission to the hospital.

2. The Defendant B had the victim J perform the work of dismantling and removing the fluor at the time, time, place, and place of work, such as fluoring, etc., to the extent of 4 meters high, and the business owner is obliged to prevent the danger of workers.

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