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(영문) 광주지방법원 2019.01.09 2018고단3854
업무상과실치사등
Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant D Co., Ltd. (hereinafter “Defendant D”)’s position as a corporation established for the purpose of construction business at the YY is the legal entity owner that received a contract for G construction ordered by FF-gun (the construction of a new bridge after removal because an existing bridge was worn off). Defendant A is the field agent of Defendant D to exercise overall control over the safety and health of workers employed by the said G construction site and the employees employed by the contractor at the site of the said G construction site. Defendant B was a person in charge of overall management over the safety and health of employees under his/her control at the site of H Co., Ltd. (hereinafter “H”) who subcontracted steel and concrete construction among the said G construction work around July 2017. Defendant C is a personal constructor who received a subcontract by means of construction agreement on the construction of a part of the said G construction site and the building of a structure, construction of a bridge or concrete reinforced steel and concrete structure, and a construction agreement on the steel and concrete building on the surface of a bridge.

2. The Defendants in violation of the Occupational Safety and Health Act by Defendant B, Defendant C’s occupational negligence, death, and Defendant C’s occupational negligence were completed from early November 2017 to late December 2017, 2017 with respect to one of the teaching lines (P2) and one of the alternates (A2) at the construction site, and with respect to the rest of the teaching lines (P1), the Defendants were engaged in the assembly of vertical steel bars for the remaining shift (A1) in December 2017 under the condition that the Defendants laid down concrete from the beginning of the construction site to the middle part of the other teaching angle (P1).

A business owner or on-site manager, where the upper structure of a bridge consists of metal or concrete and works to install a bridge with a height of at least five meters, shall take measures to prevent the danger to workers, such as working methods and order, methods to prevent the fall, electric failure, or collapse of the bridge, methods to prevent the fall of workers, methods to examine the stability of the installation of a temporary steel structure, etc. used for construction, and a plan to place a person responsible for the work.

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