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(영문) 서울동부지방법원 2018.04.20 2018고단2 (1)
업무상과실치사등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Defendant’s position and the process of the supply and demand of this construction] B Co., Ltd. (Seoul Songpa-gu Seoul Metropolitan Government Office: hereinafter “B”) is a business owner who was awarded a contract with the Seoul Songpa-gu Seoul Metropolitan Council for the Representative of Residents of Apartment Houses to “the instant apartment rooftop waterproof Construction Work and the Explosion for waterproofing of the heat of the outer walls” (hereinafter “this construction”).

A is a safety and health manager in charge of overall management of affairs, such as execution, safety, etc. of the construction in this case as a field agent of the construction in this case, and Defendant E is a safety manager who assists A as a site manager for the part of the construction in this case with interest of the head of the management department belonging to B.

[Specific criminal facts] From around 07:00 on September 7, 2017, Defendant E and A had four workers belonging to B, including the victim G (42 tax), engage in the work of having four workers at the same site of the above apartment house F, or supplement the “outer work” at a corner, in advance.

However, the above apartment F is a high building of the 11th floor above the ground, where workers might fall at the top of the outer wall using the studio of the month.

In such cases, Defendant E, who is a person in charge of the safety and health management of the construction in this case, had ① the safety mother and safety belt to be supplied to the workers and wear them. ② In the case of a structure that can install safety rail, there was a duty of safety measures under the Industrial Safety and Health Act and duty of care to install safety rail.

Nevertheless, Defendant E and A did not neglect this, but did not install safety belts, life jackets, and safety railing in the monthly vision.

As a result, around 11:00 on September 7, 2017, the 11:1:00 of the above apartment building F, which was lowered from the outer wall of the 11th floor of the apartment building F to the 10th floor (28.4m height above the ground) after the Tti work, set the middle-line vision of the Do.

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