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(영문) 대구지방법원 2015.04.07 2014고단6244
업무상과실치사등
Text

1. Defendant A shall be punished by a fine of 5,00,000 won, and Defendant B shall be punished by a fine of 3,000,000 won.

2. The defendants are above.

Reasons

Punishment of the crime

Defendant

A is a person who serves as a person in charge of the construction site of the new house located in Cheongbuk-do, Cheongbuk-do, and manages and supervises matters concerning safety and health of workers under his control as E, and Defendant B is a worker who works under his control.

Where a worker engages in any work at the risk of falling, the business owner shall pay a safety cap and have him/her wear it, and where he/she engages in the work after assembling a mobile safety gauge, he/she shall take necessary measures, such as fixing the wheels to prevent the movement or transition of the mobile safety gauge, and then fixing part of the rain gauge in the facilities or installing an Agrash, etc., in order to prevent the fall, and where he/she engages in the work at the highest part of the mobile safety gauge, he/she shall install a shock stringr lease on the floor in preparation for the fall.

In addition, in the event that a person moves a food system while carrying out work by using a mobile system, he/she has a duty of care to prevent accidents, such as getting the worker to get off the system from the vision and safely moving the system.

Defendants, at around 11:50 on October 11, 2014, had the victim F (the 62-year-old age), who is an employee at the site of the construction of the foregoing new house, work in the highest part of the mobile-style system (a.9m, 1.2m, 5.3m, 1.2m, 5m high) to carry out the construction work, without taking necessary measures, such as paying safety caps to workers, installing a fixed device to the mobile-style vision, or installing the safety risks, have the victim work. Defendant B, when the work location is changed while carrying out the work together with the victim who works at the mobile-type vision, should get workers at the mobile-type vision to safely move the mobile-style system, or take necessary measures in preparation for falling, and then take necessary measures without any restriction.

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