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(영문) 서울서부지방법원 2017.12.07 2017고단2672
업무상과실치사등
Text

Defendant

A and Defendant B Co., Ltd. shall be punished by a fine of eight million won, and Defendant C and Defendant D Co., Ltd. shall be punished by a fine.

Reasons

Punishment of the crime

1. The Defendants as Defendant D Co., Ltd. is a business owner who is a construction company with its head office in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul, under a contract with F to “Htel Construction Corporation” located in Mapo-gu Seoul, Mapo-gu.

Defendant

C As a site manager of DD Co., Ltd., a general manager who manages the safety and health of workers belonging to D Co., Ltd and contractor companies, working at the above “H Office Construction Work” site.

Defendant

A Co., Ltd. is a construction company with its head office in Incheon Seo-gu I, 903, and is a business owner who subcontracted “the part of the steel reinforced concrete construction work” from D Co., Ltd. in the site of “Htel new construction work.”

Defendant

A As a site manager affiliated with B, a corporation is responsible for the management of safety and health of workers belonging to B who work at the work site of “the part of steel reinforced concrete construction work” among “Htel construction work.”

2. Criminal facts;

A. Defendant A and Defendant C’s business owner shall take necessary measures, such as establishing a protection network, in a case where falling water is likely to pose a risk to workers on the floor, road, passage, etc. of the workplace, and, in a case where the work is likely to fall or fall into a place at a risk of falling or falling off workers, install a warning board by means of assembling the rain gauge, etc.

In addition, if a project carried out at the same place consists of specialized works, and is to be performed by a contract for all specialized works, the business owner must take necessary measures such as installing a protection network when his/her workers employed by the contractor work at a place with a risk of falling or falling.

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