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(영문) 서울북부지방법원 2014.11.27 2014고단790
업무상과실치상
Text

Defendants shall be punished by imprisonment without prison labor for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B, around August 24, 2009, as the representative director of D Co., Ltd., the contractor, and the owner of the G market located adjacent to Dobong-gu Seoul Metropolitan Government F, entered into a subcontract for tidal, waterproof, and aesthetic construction. Defendant A was employed by D Co., Ltd. as a technician for spores and was employed by D Co., Ltd. in the construction site, and entered into a contract for sporesing the floor of the building by mixing concrete cement, medicine, water, etc.

Defendant

A employs the victim H(44 years of age) as a daily part of the body, and around 17:00 on June 10, 2010, around 17:00, at the same construction site, the victim came from the 23th floor to the 23th floor of the new building, and the concrete spreading operation was carried out.

Meanwhile, Defendant B, while entering into the above subcontract with E, received approximately KRW 4.5 million of safety management expenses, and had one safety manager stay at the construction site pursuant to Article 8(1) of the contract, and there is a risk that cement can be scattered due to the characteristics of the above work, Defendant B performed measures such as paying a security light to prevent the occurrence of safety accidents, and has a duty of care to prevent the occurrence of safety accidents.

In addition, when the victim prepares to do so at the location of his work, he shall confirm it by the defendant A, and when the defendant A does so, he shall instruct the operator of the equipment in the first floor to capture it without the power to the operator of the equipment in the first floor, and when he emits cement into a private theory, he shall appropriately adjust the cement direction coming from the string through the string, thereby spreading it on the floor by the victim, and he shall conduct the work in order of the defendant A to check it down. The victim's work is completed and moves into the string of the string so that cement does not flow when the victim moves to the next floor, so if cement is emitted during his movement, the pressure is adjacent to the string of the string.

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