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(영문) 의정부지방법원 2020.11.23 2020고단4013
업무상과실치사등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of C in Gyeonggi-do, and is a person who takes overall charge of and manages safety and health management of workers in the above workplace.

On May 1, 1992, the victim D (Nam, 53 years old) who was employed by the above company and was working for the above company was engaged in cutting off the front part of the steel structure with a portable string for the removal of the steel structure installed in the upper part of the container for accommodation at the above employees in the above workplace on October 10, 2019.

The place where the victim was engaged in the work is above the steel structure with a height of about 5.5 meters above the ground. This is a work conducted at a height of not less than 2 meters, and in such a case, the defendant, who is a person in charge of safety and health management for workers belonging to the workplace, has a duty of care to prevent industrial accidents by having the workers wear safety caps and safety belts, and where the workers might be at the time of the work at the place where the workers might fall or fall, he/she shall install a work log by assembling the strings, etc., and where it is difficult to install a work log, a down protection net shall be installed, and where it is difficult to install a fall protection net, the worker has a duty of care to prevent industrial accidents by taking necessary measures, such as having the workers wear safety belts, etc., to prevent industrial accidents.

Nevertheless, the Defendant neglected this and let the victim do the above work without wearing a safety cap and safety belt, and was negligent in failing to take measures to prevent the falling risk, such as the work launch plate or the fall-protection net, and the victim, who did the cutting work on a wooden plate which was not fixed, sited on the wooden wheel, was the center of the victim, left down on October 3, 2019, and was due to cerebral blood transfusion at the F Hospital E at the Government of Gyeonggi-si, Gyeonggi-do around 02:04.

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