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(영문) 광주지방법원 목포지원 2021.02.05 2020고단233
업무상과실치사등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a representative of C located in the United Kingdom-si B in the United States-si, the United States-si.

On October 22, 2019, the Defendant received an order from a limited company E located in Yong-gun, Namnam-gun, for the roof repair work (hereinafter “the instant construction work”). The Defendant, at the site of the instant construction work, was in charge of the responsibility for the management of safety and health management, who is responsible for the overall management of the work instruction and safety and health management for employees belonging to the Defendant.

1. On November 9, 2019, around 16:44, the Defendant violated the Industrial Safety and Health Act in relation to the Defendant’s occupational injury, death, and death of workers, the Defendant instructed the Victim F ( South, 45 years old) (hereinafter referred to as the “F”) to be cut on the roof of the instant construction site, and to remove and install set.

A place where damage was done by an injured person is a roof covering with weak materials, such as asbestos slate, snick, and snick, and thus, it is a place where a worker is likely to fall. The defendant who has overall control over and responsibility for the safety of workers shall take measures to prevent danger, such as installing a light of at least 30cm wide, or installing a fall protection net, etc.

Nevertheless, the Defendant did not install a light of at least 30cm wide or a down protection net, and caused the damage to be cut while moving on the roof of the above building, thereby falling off.

Accordingly, the Defendant caused the death of the victim at the H hospital located in G on November 9, 2019, around 18:00 on November 9, 2019, and at the same time did not take necessary measures to prevent the danger at the place where the employee might fall, thereby causing the death of the victim.

2. On November 10, 2019, the Defendant violated the Industrial Safety and Health Act in relation to the Defendant’s violation of the Industrial Safety and Health Act at the time of regular supervision of the place of business where a serious disaster occurred that occurred at the construction site of this case, as follows.

(a)the business owner is inside the workplace or place of work;

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