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(영문) 수원지방법원 2019.06.05 2019고단272
업무상과실치사등
Text

Defendant

A KRW 5 million, Defendant B Co., Ltd. shall be punished by a fine of KRW 3 million, and Defendant C shall be punished by a fine of KRW 6 million.

Reasons

Punishment of the crime

Defendant

B A corporation is a corporation established for the purpose of construction in Gyeonggi-si E building F in Gyeonggi-si, which is a business owner who performs construction and machinery works among M projects in Gyeonggi-si, H, I, J, K, and L by subcontracting from Defendant D.

Defendant

A As the representative director of Defendant B Co., Ltd., a person who is responsible for the safety and health of workers belonging to the said Corporation is a person who acts for Defendant B Co., Ltd.

Defendant

D is a business owner who is a corporation established for the purpose of construction on the fourth floor of Suwon-gu N Building, which is a corporation under construction after being awarded a contract with the O Urban Development Project Association.

Defendant

C is the head of the construction site and the person in general charge of safety and health as well as the person who is responsible for the safety and health of his employees and the workers employed by the contractor, and is the person who acts for Defendant D.

1. On July 21, 2018, Defendant A and the Defendants, around 09:57, ordered the victim P (the age of 48) at the site of M&D located in Gyeonggi-si G, Gyeonggi-si, to install a roof of an underground parking lot mpip gate of the underground parking lot.

With respect to workers engaged in an operation at a place where material objects fall or are likely to fall, or where workers might fall, and where height or depth is at least two meters, safety caps and safety belts shall be applied to them.

Nevertheless, the Defendants did not require the victim to wear a safety cap and a safety belt, even though the victim's height of the above work site is at least two meters.

Ultimately, the Defendants did not perform their duty of care as above and did so to have the victim carry out the work of installing a roof of underground parking lot glick roof materials (polycerate) for the victim without performing such duty of care.

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