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(영문) 창원지방법원 2020.04.28 2019고단4111
업무상과실치상등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, by a fine of two million won.

However, the defendant A.

Reasons

Punishment of the crime

1. Defendant A is a person in charge of safety and health management and an employee of B Co., Ltd., a business owner, who manages the safety and health of his employees, as the head of the field office of new construction of D elementary school building built by Kimhae-si

On July 30, 2019, around 16:10 on July 30, 2019, the Defendant: (a) assembled a fluorial fluor, etc. to build a new elementary school building at the construction site of the above elementary school building (Dong 1) with a multi-purpose room of the 11st floor slive concrete stud, and (b) had the victims E (60), victims F (36 years of age) and victims G (64 years of age) proceed with the slvel construction work

Where a person in charge of safety is required to work human resources at a work site with a high risk of falling, he/she shall have a safety net installed in preparation for a fall, attach a safety and altitude to work there, examine the structure of installing a crypium for concrete string work in order to prevent collapse, examine the structure of a site by using materials in conformity with the Standards, prepare an assembly plan, and complete an assembly plan in cases where the height of a pipe plplart exceeds 3.5 meters according to the assembly plan prepared, if the height of the pipe plart exceeds 3.5 meters, he/she has a duty of care to prevent collapse by installing a horizontal connection in two directions in X orY form for every 2 meters of height.

Nevertheless, the Defendant neglected this and did not review the structure of a frypt, and did not prepare assembly drawings, did not use horizontal connection materials for a part of pipeline distribution, and caused the frypt to collapse by negligence in the course of business using the pipe distribution, which did not use safety certification, and caused the above victims to fall down on the first floor of 4.5 meters high.

Ultimately, the Defendant committed the above occupational negligence.

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