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(영문) 대구지방법원 2017.07.04 2016고단3362
업무상과실치사
Text

Defendant

A shall be punished by imprisonment without prison labor for one year, and by imprisonment without prison labor for eight months, respectively.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

Defendant

B is a site leader of the construction site of the Daegu-gun F Connected A, Inc., a person in charge of overall control over the direction and safety management of the construction site, and the defendant A is a person engaged in the operation of the construction site of 25 tons at the above construction site.

Defendant

A around 13:03 on October 9, 2015, at the construction site above the floor, performed the work of moving approximately 400 km of the weight of approximately 400 km (breadth 180 cm, length 16 cm, thickness 6 cm) to the steel re-structured structure above the ground 9m height. The victim G (age 46) was on the steel structure above the steel structure and confirmed the lower location of the said wooden board.

In such a case, in a case where caters are operated for heavy objects exceeding 400km, the clers have a duty of care to perform work after checking whether the link between the clers and the clers are well maintained, whether the clers are centered on the weight of the clers, what kind of weather condition at the time is, etc., and safety managers have a duty of care to install safety net safety facilities, etc. so as to prevent the fall of workers engaged in work at a height of 9 meters above the above ground, and to instruct workers to wear safety bells.

Nevertheless, Defendant B did not install safety facilities to prevent fall at the above construction site and did not work at the site on the ground of holidays. Defendant A, despite the fact that the wind is many windings, ordered a man H and I to engage in the work of combining the above sub-sections (one-name hereinafter referred to as the "de-marketing work") to do so, and ordered the de-marketing work to do so. In the event of combining the above sub-sections with the de-section, the above sub-sections by negligence that are much narrow compared to the de-line line, while moving the above sub-sections to the cler, the above sub-sections have lost their central weight and turned into the body of the victim G (the 46 years old).

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