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(영문) 인천지방법원 2021.03.24 2020고단10765
업무상과실치사등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates an external painting construction business within a building in the name of “C” in Dong-gu Incheon Metropolitan City, and is a person who exercises overall control over the affairs concerning safety and health of his/her employees.

The Defendant stated in the column of the indictment on April 27, 2020 as “No. 17, 2020.” However, according to the evidence submitted, it is apparent that it is a clerical error in the indictment as of April 27, 2020, and even if it is corrected without the amendment process, it does not bring a substantial disadvantage to the Defendant’s exercise of his/her right to defense. Accordingly, the Defendant’s ex officio correction is made.

12:47 At the site of the 2nd floor building located in Dong-gu, Dong-gu, Dong-gu, the victim E ( South, 76 years old) was instructed to carry out the painting of the outer wall of the building.

A business owner shall pay safety caps to workers engaged in work that falls off the object or is likely to fall, or is likely to fall, and shall take measures necessary to prevent danger, such as installing safety caps, in the case of the installation of a monthly vision, he/she shall take measures necessary to prevent danger, such as installing one end at the beam of the other end in a light, and installing the other end at the beam, poppy straw or the beams of buildings, etc.

In addition, the contents of the victim's work were fixed by strings on the string 7.5m roof rail (ence stones) with the height of the second floor height outer wall, and the victim's work location was at a risk of fall or fall in the objects at a height of about 3.5m from the ground, and thus, in such a case, the defendant, who has overall control over the safety of the employees belonging to the victim, has a duty of care to prevent accidents in advance by taking measures such as installing a mobile safety light board or allowing the use of a mobile string strings, and preventing double strings from spreading.

Nevertheless, the defendant is the safety mother of the victim of the above Japan.

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