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(영문) 서울남부지방법원 2013.03.29 2012고단4472
업무상과실치사등
Text

Defendant

A Imprisonment with prison labor for nine months, fines of KRW 7,00,000, and Defendant C for nine months.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation established for the purpose of construction business, etc., and is the owner of reinforced concrete construction work in Guro-gu Seoul Metropolitan Government. Defendant A is the site director and the actual representative director of the B Co., Ltd., Defendant C is the site director of G construction work who contracted the above reinforced concrete construction work to B Co., Ltd., and Defendant D is the individual entrepreneur who runs G construction business.

The business owner shall, when his/her workers are engaged in work at a place where they fall or are likely to fall or fall, install a work plate by means of assembling the vision, etc., where it is impracticable to install a work plate, install a safety watch net, and where it is impracticable to install a safety watch net, take measures necessary to prevent the fall risk, such as having workers wear a safety watch.

1. Defendant A, at around 13:40 on June 11, 2012, Defendant A and the Defendant had a duty of care to manage and supervise the execution of construction work at a place where “F new construction works” 102, 102, and H, a worker, fall or is at risk of fall. As such, Defendant A, along with C, has a duty of care to install safety equipment necessary for the prevention of accidents, etc., and the Defendant must take necessary measures to prevent danger to workers, such as installing a work launch board or installing a safety watch installation in order to install a safety watch room and install a safety watch installation so that workers may install a safety watch.

Nevertheless, the Defendant, by negligence in the course of performing the above construction work, felled from approximately 11.3 meters and caused the death, and did not take necessary measures to prevent the risk of H, who is an employee.

2. Defendant B Co., Ltd.: (a) the representative of Defendant A, at the time and place specified in paragraph (1) above, with respect to the Defendant’s business.

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