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(영문) 서울중앙지방법원 2016.07.20 2015고단8292
업무상과실치사등
Text

Defendant

A Imprisonment of six months, Defendant B shall be punished by a fine of seven thousand won,00,000 won, respectively.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of public works in steel industry, etc., and is a business owner who subcontracted the steel works among the Seoul Gangnam-gu New Construction Works with F and performed from February 6, 2015 to November 30, 200, and Defendant A is a person who exercises overall control over safety and health affairs with the site warden of Defendant B.

1. On July 20, 2015, Defendant A and the F site manager G had three workers, including the victim H (65 years old), on the 14th floor of the construction site at the 14th floor at the above construction site, perform the horizontal adjustment of steel structure.

In assembling the steel frame, the business owner shall not separate the steel frame from the street, etc. before entering a V to sufficiently support the combined parts of the steel frame or before becoming a solid structure equivalent thereto. The steel structure has a duty of care to make it difficult for the safety management and supervision of the site by carrying out the work plan for heavy objects work in advance and conducting the steel frame work in a safe manner, etc. because the risk of accidents is high in cases of heavy objects.

Nevertheless, the defendant and G have been suffering from the removal of steel structure for the convenience of work with neglect.

After the grings separated the lines, the victim et al. had the employees, such as the victim, engage in horizontal operations on the lower part of the steel-frame structure that served as a oil pressure jack (Jk) and pipeline sprink, and the steel-frame structure that served as a shaking with the weight-centered of pipe sprink was falling down, and the victim’s head was demoted. The victim fell from the 14th floor to the 13th floor, and died of severe cerebral damage, etc. on the same day.

Accordingly, the defendant jointly with the above G, caused the victim to die due to occupational negligence.

2. Defendant B’s employees at the time and place of the foregoing paragraph (1) above.

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