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(영문) 수원지방법원 2020.11.18 2020고단5248
업무상과실치사등
Text

Defendants shall be punished by a fine of five million won.

Defendant

A or B fails to pay each of the above penalties.

Reasons

Punishment of the crime

[Basic Facts] Defendant D Co., Ltd is a corporation that runs a construction business in the building E and F of the Dong-gu Seoul Metropolitan Government, Ansan-si, and a business owner who executes the “C Co., Ltd. Factory Construction Corporation” in G in terms of harmony.

Defendant

A is a person in general charge of safety and health who is a director at the site of "C factory construction work" under the D Co., Ltd., and who is engaged in the work at the site and his/her employees in charge of safety and health affairs.

Defendant

C Co., Ltd. is a corporation engaged in the manufacturing industry at H in terms of harmony, and is a business owner who executed the steel frame of the said “C Co., Ltd. New Construction Project” with a contract from D Co., Ltd.

Defendant

B is a person in charge of safety and health management who exercises overall control over and manages the affairs concerning safety and health of employees who engage in work at the site as the site manager of the “C-F-F-F-F-F-F-F-A-P-

【Criminal Facts】

1. At around November 26, 2019, Defendant B instructed the victim I (the 56-year-old employee) who is a daily worker employed by C in the construction site of the foregoing new construction project, to perform the work of assembling sn beam beam roof assembly using the accusation work unit at the place of work of 8 meters above ground.

In such cases, a business owner shall install a down protection net at a place where workers might fall down at work, where sand, structures, etc. might collapse, where material objects might fall or come by flying, or where other risk may occur in the course of work due to natural disasters, and where it is difficult to install a down protection network, he/she shall take measures necessary to prevent the fall risk, such as having workers wear a safety belt, and where workers wear a safety belt at a place where the falling risk is at least 2 meters high, he/she shall install equipment, etc. to safely walk the safety belt.

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