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(영문) 수원지방법원 2020.03.11 2019고단7435
업무상과실치사등
Text

[Defendant A] The defendant shall be punished by a fine of six million won.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established on June 25, 2002 for the purpose of the non-ferrous metal processing business, etc. in Gyeonggi-do Co., Ltd., which was established on June 25, 2002 and operated the non-ferrous metal processing business, etc. using four employees. Defendant A is the representative director of the above corporation B, who is a person responsible for the safety and health of its employees, and is engaged in acts for B

1. Death-related to workers, violation of the Occupational Safety and Health Act and death by occupational negligence;

A. At around 16:00 on December 25, 2018, Defendant A had the victim D (year 52) who is his/her employee in the above corporation B’s workplace work to replace a water tank installed on the roof of the third floor warehouse of the building.

In order to replace the above visible device, the work executor must install a bridge-style passage, etc. and use it. As such, the business owner has a duty of care to prevent the fall of an accident, such as posting safety personnel to catch the bridge, or requiring the work executor to wear a safety bridge and a safety bridge, etc.

Nevertheless, at around 17:30 on the same day on the same day by negligence, the Defendant neglected this and did not take necessary measures to prevent the danger at a place where the risk is likely to fall, and the Defendant replaced the water tank with a water tank installed on the roof of the rooftop warehouse, and lost the center of the body and crashed on the floor with a height of 2.5 meters on the roof of the rooftop.

Ultimately, the Defendant violated the business owner’s duty to take safety measures and caused the victim to die by occupational negligence at the F Hospital located in the Young-gu, Suwon-si, Suwon-si on January 15, 2019.

B. Defendant B.

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