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(영문) 광주지방법원 2018.11.21 2018고단3929
업무상과실치사
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person in charge of safety management who exercises overall control over the safety of his/her employees as a managing director of main water manufacturing business, which is used in Gwangju Mine-gu.

On May 3, 2018, the Defendant ordered the victims D (24 tax) who are employed by the Defendant to engage in the manufacturing of alcoholic beverages at the above site on May 10, 2018, and who are employed by the Defendant to engage in the manufacturing of alcoholic beverages. In order to prevent water leakage on the factory roof, the Defendant instructed the Defendant to use electric tools on the existing roof to relet up and relet up the stone plates.

The above factory roof was at a height of about 9.8 meters from the floor and part of the above factory roof was cut to be cut for sunlighting, and in such a case, the defendant who has overall control over the safety of workers belonging to the above factory has a duty of care to prevent accidents in advance by checking whether the above factory roof is separate from the ground roof, and by taking measures such as conducting safety education for workers, etc. accordingly, the defendant, who has overall control over the safety of workers belonging to the above factory, is likely to fall or fall. If it is difficult to install a work board, he shall install a fall protection network, and if it is difficult to install a fall protection network, he shall take measures necessary to prevent accidents, such as allowing workers to wear a safety board. In addition, if it is difficult to install the fall protection network, he has a duty of care to prevent accidents.

Nevertheless, the Defendant neglected to install a work board or a fall protection net and did not require the victim to wear a safety belt without being installed, and was negligent in allowing the victim to conduct a waterproof paint work on the roof of the factory by checking whether it is distinguished from the land surface of snick, and the conclusion status of the agreement with other roof materials without conducting safety education.

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