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(영문) 광주지방법원 순천지원 2014.04.24 2013고단1745
업무상과실치사등
Text

Defendant

A and B Co., Ltd. shall be punished by each fine of KRW 5,000,000, and Defendant F shall be punished by imprisonment without prison labor for six months.

Defendant

A above.

Reasons

Punishment of the crime

[Status of Defendant A is the representative director of Defendant B, who was awarded a subcontract from Defendant D Co., Ltd. to KRW 42,614,00 of the construction amount and used four full-time workers to perform the file construction work among the “L new construction work” at Y at 1,00, and is the person in charge of safety and health management who is actually responsible for the safety and health of his/her employees.

Defendant

B A corporation is a corporation established for the purpose of building construction business, etc. in Gwangju Northern-gu M.

Defendant

F is a mobile stack pilot who has been engaged in the separation and dismantling work of a port gear.

【Criminal Facts】

1. Defendants A, F’s joint criminal conduct (Death by occupational negligence) and Defendant A’s violation of the Occupational Safety and Health Act on January 24, 2012, Defendant A’s employees of Defendant B, including the victim N(51 years old), are engaged in the work of separating and dismantling the main body and gyms from among the file work (the ground support unit before building a building) ordered by Defendant D, at the “L new construction work” site located in Y in Y in Y at the Yacheon-si on the ground of the foregoing.

During the process of unloading an anti-router into the ground, it is impossible to dismantle the router with a V, which connects the router and the main body with a router, which led to the dissolution of the router using the router.

However, it was predicted that the risk of collision and compromise fall in the course of dismantling work, with the weight of about 3 tons connected to the main body of the above port. A.

Defendant

A, F’s occupational negligence, and Defendant A’s violation of the duty to take safety measures (1) Defendant A’s occupational negligence and breach of the duty to take safety measures as seen above, the Defendant, who is a person in charge of safety and health management to take measures to prevent harm and hazards to his employees in the course of dismantling a port to which the risk of collision, narrowness, and fall.

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