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(영문) 부산지방법원 동부지원 2014.01.16 2013고정481
업무상과실치사등
Text

Defendant

A and C Co., Ltd. shall be punished by each fine of KRW 5,000,000.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is a field manager at the construction site of the construction site of the Busan F building Daegu, which is performed by C Co., Ltd., and the defendant C Co. is a corporation established for the purpose of civil engineering and construction work contract.

1. At around 13:40 on September 27, 2012, Defendant A had a duty of care to prevent the fall of workers by thoroughly taking protective measures, such as the end of the work board and the passage, and the safety distress and the fall prevention network, on the opening of the opening, in the process of dismantling the 4th floor of the construction site of the said F building. In such a case, Defendant A had a duty of care to prevent the fall of workers, such as installing a safety belt installation so that workers may walk the safety belt and work.

Nevertheless, the Defendant did not install these facilities at all and caused the death of the victim, who is an employee, by failing to take necessary measures to prevent the fall risk at the same time, because the victim, who was on work due to occupational negligence, who was working for the victim G (the age of 55) while working, left approximately 10 meters away from the floor below the floor and did not take measures to prevent the fall risk.

2. The Defendant C Co., Ltd. did not take necessary measures to prevent the fall risk as above with respect to the Defendant’s business at the above date, time and place, and caused the death of the Defendant, who is an employee.

Summary of Evidence

1. Defendant A’s legal statement

1. The legal statement of the witness H and I;

1. Application of Acts and subordinate statutes concerning a report on the occurrence of death and a postmortem examination report;

1. Defendant A: Article 268 of the Criminal Act, Articles 71, 66-2, and 23 (2) of the Occupational Safety and Health Act concerning criminal facts; Articles 71, 66-2, and 23 (2) of the Occupational Safety and Health Act;

1. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Defendant A who is selected to impose a fine;

1. Defendant A of detention in a workhouse: Articles 70 and 69 of the Criminal Act.

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