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(영문) 대전지방법원 홍성지원 2018.01.31 2017고단608
업무상과실치사등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is an individual business owner (State) who is a contractor of the project to replace the CR roof D located in Chungcheongnam-nam Budget Group (State) and has overall control over the safety management of the construction site.

1. Violation of the Industrial Safety and Health Act and occupational accidents and death or injury (related to the death or serious accident of an employee) have a duty of care to prevent accidents in advance by taking necessary measures, such as installing a light board at least 30 cm in width or by taking other necessary measures, when a worker engages in work at a place at a risk of falling down, such as a safety cap and safety belt, and in cases where a worker is likely to engage in work on the roof covering with weak materials such as a boat, etc., such work is likely to cause danger to the worker, such as an omission in the process of performing work on the roof, such as a light, etc.

Nevertheless, the Defendant neglected this and failed to take measures to prevent workers from falling down on the roof of the construction site without paying safety caps and safety belts to the victim E, and caused the victim E, who was engaged in the work to fall on the roof of the construction site on March 21, 2017, by not taking measures to prevent workers from falling down on the roof of the construction site. On March 21, 2017, the victim E, who was engaged in the work to replace the roof on the roof of the construction site, took a sunlight window and 10.94m below the pipe.

As a result, the Defendant caused the victim’s death by occupational negligence, i.e., the victim’s death from a cage cage at tin, and at the same time, failed to take necessary measures to prevent such danger, thereby causing the victim’s death.

2. No business owner shall dismantle or suspend the use of protective devices installed in machinery, apparatus, or equipment (related to regular supervision of places of business in which serious accidents occur at the site of works replacing the C roof light windows) in violation of the Industrial Safety and Health Act;

Nevertheless, on March 28, 2017, the Defendant did not install a protective dog on the hand Hander used by workers at the above construction site.

(i) the evidence;

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