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(영문) 대구지방법원 2014.04.11 2014고단565
업무상과실치사등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, by a fine of three thousand won,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation that had its head office on February 23, 2004, and was established for the purpose of civil engineering work business, etc. on the fourth floor of the Daegu Suwon-gu E building (F), and received a contract from the G Tridong Council for the “Gri-gu Private Road Maintenance Work” located in the Daegu Suwon-gu H on September 13, 2013, and Defendant A, as a director of the corporation B, is a person in charge of safety and health management who exercises overall control over and manages the safety and health of employees working at the construction site.

A business owner shall take measures necessary for the prevention of hazards caused by improper work methods, etc. in the course of excavating, quarrying, unloading, timbering, transporting, operating, dismantling, handling heavy objects, and other work, and shall take measures necessary for the prevention of such hazards at places where workers might fall down, where soil and sand, structures, etc. might collapse, where material objects might fall or fall, where material objects might fall or fall, and where other hazards may occur in the course of work due to natural disasters.

1. On September 27, 2013, the Defendant cut the surface of a private road using I (08W) digging machines at the site of the construction work at around 09:38.

In the event of work using construction machinery in the same vehicle field as the excavation season, a prior investigation shall be conducted on the topography and ground conditions in the relevant place of work in order to prevent the danger of workers due to the transition of the relevant machinery, collapse of the ground, etc. and pedestrians passing around, and records and preserve the results thereof, taking into consideration the results of the investigation, a work plan shall be prepared, including the kinds, performance, operating routes, and working methods of the construction machinery in the vehicle system used for the relevant work, and where there is a concern that workers and pedestrians passing around the machinery might be dangerous due to the removal or digging of the machinery, a person who guides the ground shall be placed, prevent the corrosion of the ground.

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