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(영문) 인천지방법원 2017.11.16 2017고단6363
업무상과실치사등
Text

Defendant

A Imprisonment for a period of ten months, Defendant Youngdong Construction Co., Ltd., and a fine of 5,000.

Reasons

Punishment of the crime

Defendant

A is a person in charge of the safety and health management of workers working at the above construction site, who is a site manager of the E middle school located in Youngdong Construction Co., Ltd. and the construction site of Defendant MS Construction Co., Ltd. in order to perform jointly.

1. Defendant A

A. Since construction works at a middle school in violation of the Health and Safety Act consisting of occupational injury or injury, and construction works at a specialized field, the Defendant, the head of the construction site, shall give a contract in whole for all specialized fields. In particular, the Defendant, the head of the construction site, shall take appropriate measures to prevent industrial accidents to workers employed by the contractor of the construction site, and in particular, shall have workers wear safety belts when a worker works at a place with a high of not less than 2 meters, and even though the Defendant had a duty of care to prevent the fall of workers in advance by installing protective equipment, such as safety rail, fence, vertical fall-off, or cover, etc., at around December 14:45, 2016 before the construction site at the above middle school, the Defendant failed to take measures for safety, such as escape, etc., against employees of Korea, a supply and demand company of the above construction site, which is a supply and demand for special construction (51 years old).

Ultimately, the Defendant caused the death of the Victim F at the State General Hospital located in Dasan-ro 5419 around December 10, 2016 due to the foregoing occupational negligence, and caused the death of the Victim F at the State General Hospital.

(b) A business owner or his/her agent violating the Industrial Safety and Health Act has a safe passage to be used by a person working at a workplace or within a workplace, and is always available.

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