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(영문) 부산지방법원 동부지원 2016.11.29 2016고단1649
업무상과실치사
Text

Defendant

A and C shall be punished by a fine of KRW 5,000,000, and Defendant B shall be punished by a fine of KRW 4,000,00.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a person in general charge of safety and health management and a person in general charge of safety and health as a site manager at the International Construction Site, and Defendant B is a safety manager of G Co., Ltd., and Defendant C is a person in charge of safety and health management and a person in charge of safety and a person in charge of safety management as the site manager at the J Co., Ltd., who subcontracted the construction of steel and concrete structure from G Co., Ltd., and is a person in charge of safety and health management and a person in charge of safety and health management as the site manager at the place of the J Co., Ltd., who subcontracted construction of steel and concrete structure from G Co., Ltd.

In the places where workers might fall down, as the end or opening of the work plate and passage, the business owner shall install a strong structure with sufficient strength protection measures, such as safety railings, fences, vertical fall-off networks, or covers, etc.

In addition, where a business is conducted in the same place and is composed of specialized construction works, the owner of the business who is given a contract for all specialized construction works shall take measures to prevent industrial accidents, such as the installation of safety and health facilities, if his/her employees work in a place where there is a risk of industrial accidents, such as the collapse of earth and sand, fire, explosion, fall or falling, etc.

On March 14, 2016, in order to install steel and concrete structures at the Dong-dong of the construction site at the above construction site B, Defendants took up 16, 17, and 18 stories of ACR pumps from the length of 15, 16, and 17 meters in width of 2.2 meters (working by a hallway-type apartment building in the same shape as the corridor of the hallway-type apartment complex, and by the voltage), and then, from around 07:00 on March 15, 2016, Defendants, including victims K (5 years of age), had workers, including those, who have been installed inside the ACS pumps, do work to fix (math) so as to cover the soft-line and the sloping-mick-muff.

In such a case, the defendants responsible for safety management are bound by the ACR pumps.

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