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(영문) 부산지방법원 2016.07.14 2016고단857
업무상과실치사등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant is a safety and health manager who manages the overall safety and health of workers at the business owner’s interest site where he/she performed construction works with a contract for KRW 14.6 million from the representative council of occupants of the above apartment with the operation of D in Busan Nam-gu.

At around 08:00 on September 11, 2015, the Defendant used the victim F (57 tax) and victim G (47 tax) with a person who works in D’s workplace at the above construction site to cover up the outer walls of E’s eight-story apartment buildings.

In such cases, the defendant, who is the person in charge of safety and health management of the above work, shall install a board of work in a manner of assembling the vision when he/she works at a height of at least 2 meters at the risk of falling, and when he/she installs the bridge, he/she shall install one end at the beam of the bring, the bring, the chain of the bring, the platform, the platform of the bring or the bring fiber, etc., so as not to cover the other end, and take necessary measures, such as installing a burner team in the bring, the steering board, etc., in order to prevent the collapse of workers, and take necessary measures, such as installing a safety belt and a life rope, and in the case of a structure that can install a safety rail, he/she has the duty of care to prevent industrial accidents by falling, such as installing a rail, etc.

Nevertheless, the Defendant neglected to do so and instead, put the victim F in the 8th floor of apartment buildings with approximately 24 meters high height of the victim F, and put the victim G in the 6th floor surface of the building with approximately 18 meters high height of the victim G in the work, and simply put the rop for the non-commercial work in the 6th floor of the building without fixing it on the above rooftop.

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