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(영문) 제주지방법원 2020.03.27 2019고단2503
업무상과실치상
Text

1. Defendant A shall be punished by a fine of three million won;

Where the above defendant fails to pay the fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

B as the representative of Jeju-si Co., Ltd. D (refinite and concrete specialized construction business) in C, a person who is engaged in the work responsible for safety and health of his employees. Defendant A is a carcrac operator of D Co., Ltd., and the victim E (the age of 60) was a person employed in D, who is employed in D, and the victim E (the age of 60) had the extension work of farm building in Jeju-si F from February 2019 to May 2019.

Defendant

A around 07:50 on February 18, 2019, around 07:0 on the upper floor of the above building, a carcracator was working to get the timber on the first floor of the above building, and the victim was working to get the carcracator on the upper floor of the building.

In such cases, Defendant B, the representative at the above construction site, has a field manager, and has a duty of care to prevent conflict between workers, to take measures, such as establishing a safe guard, etc. to prevent workers from falling, and Defendant A, who is engaged in the operation of a camera, has a duty of care to investigate whether there is a person in the vicinity of the work site, and to prevent accidents from occurring by properly manipulating the camera.

Nevertheless, Defendant B did not have a field manager at the above construction site, and instructed the victim to take a cryp work without having a safe scke, and Defendant A operated a ckele on the first floor of the building, without properly examining whether there is any person around the work site, and was engaged in the work of unloading timber on the top of the building. Defendant B caused the victim who was engaged in a cryp work on the top of the building, to fall down with the floor below 3m to 50m from 3m to 3m to 50m.

As a result, the defendants jointly suffered damage to the victim by occupational negligence in the number of days of treatment and injury to the victim's body.

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