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(영문) 인천지방법원 2016.06.23 2016고단982
업무상과실치사등
Text

Defendant

A Imprisonment of one year and six months, Defendant B’s imprisonment of one year and two million won and fine of two million won, and Defendant C’s imprisonment of six months and six months.

Reasons

Punishment of the crime

Defendant

A is the actual operator of E (hereinafter referred to as “E”) and Defendant B is the representative director of F (hereinafter referred to as “F”) of Defendant B, Defendant C is the site director of the new construction work of the (ju) G apartment built by Defendant B, Defendant D is the representative director of H Co., Ltd. (hereinafter referred to as “H”) and Defendant E is a corporation with the purpose of manufacturing and installing steel structures.

1. Defendant A is a safety manager who is obligated to perform safety and health measures for his/her employees upon subcontracting the steel structure construction work among the “construction works for new construction of (ju)G house” performed by B as a substantial operator of E.

In order to prevent workers from falling at a place where workers are likely to fall or fall, the Defendant has a duty of care to install a safety net, to wear a safety belt, and to safely walk it, and to prevent accidents in advance with B, a manager of the construction site, C, etc. who is the constructor of the construction work, and a manager of the construction site.

Nevertheless, on August 24, 2015, the Defendant, at around 16:32, at the construction site of the new apartment in Bupyeong-gu Incheon Metropolitan City (ju), did not install a safety net and safety unit installation, etc., and instead neglected this, caused the death of the victim J (61) from the Han forest hospital located in Gyeyang-gu, Incheon, to the end of the 17:29 on the same day, where the victim J (61) neglected to install a steel frame at a height of 18 meters above 18 meters.

As a result, the Defendant does not take necessary measures to prevent the danger at a place where a worker is at risk of falling during work and at the same time works together with B and C.

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