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(영문) 전주지방법원 남원지원 2017.10.17 2017고단183
업무상과실치사등
Text

The punishment of the accused shall be determined by six months of imprisonment.

except that the sentence shall be imposed for a period of one year from the date the judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a business owner who performs a new construction project for detached houses located in B in South Won-si (hereinafter referred to as “instant construction project”) by being awarded a contract from the project owner C and uses two workers from April 26, 2017, and is responsible for safety management.

1. In violation of the Industrial Safety and Health Act and occupational and death or injury business owners have a duty of care to take measures necessary to prevent the falling risk, such as assembling a vision, when the workers are likely to be in danger of falling, by means of cutting off the vision, etc., and where it is difficult to install a work board, the business owners have a duty of care to take measures necessary to prevent the falling risk, such as installing a safety net, or having workers wear a safety belt;

Nevertheless, the Defendant neglected this and neglected to install a sand position panel on the steel roof part of the construction site of this case, despite the risk of falling, caused the death of the victim due to external injury from the South Won Medical Center, where the worker D was on the part of the worker who moved to the concrete wall part of the concrete wall in order to get out of the construction site of this case at around 11:50 on June 13, 2016, while failing to install a work plate or a safety room or to have the worker wear a safety stand, at around 11:50 on June 13, 2016, the Defendant neglected to do so, and caused the death of the victim due to external injury from the South Korean Medical Center, where the worker D was on the part of the worker D, who moved to the concrete wall part of the concrete wall in order to get out of the construction site of this case at around 5 meters on the same day.

As a result, the Defendant did not take necessary measures to prevent the danger at a place where a worker might fall during work and caused the death of the victim by negligence on duty.

2. Violation of the Industrial Safety and Health Act;

(a) The business owner connects and uses code and plugs in order to prevent the danger of electric shocks caused by electric leakage;

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