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(영문) 광주지방법원 2020.10.29 2020고단3734
업무상과실치사등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a business owner who, from October 28, 2019, employed the victim C (the age of 61) in Nam-gu, Gwangju and performed a new construction of multi-family housing from around December 28, 2019, is a person in charge of safety

1. The business owner has a duty of care to prevent accidents by taking safety measures, such as wearing safety caps, etc., on an open side of stairs the height of which is not less than 1 meters, and by taking safety measures, such as having workers wear safety caps, etc., for those who carry out works that are likely to fall off or fall off the objects, or have them wear safety caps;

Nevertheless, the defendant did not have the victim install a safety strings or wear a safety strings on the open side of the interior stairs of a building with a height of at least 1 meters when the victim had the victim perform the material maintenance work on the rooftop of the building.

As a result, after completing the above work around 16:40 on January 3, 2020, the victim felled from the above stairs of the fourth floor of the building and died of the head in concrete walls on January 29, 2020 at D Hospital located in Gwangju-gu around 19:20.

As above, the Defendant caused the death of the victim by occupational negligence, which did not fulfill the duty of safety measures as a business owner.

2.(a)

Where a business owner installs a safety rail in order to prevent the danger of falling, etc. of workers, he/she shall consist of the upper rail, middle rail, end rail, and rail pole.

Nevertheless, from February 6, 2020 to February 7, 2020, the Defendant did not install an intermediate railer on the stairs inside the 3-5th floor of the above building.

(b) The business owner shall install a work launch board by means of assembling the vision, etc., in a case where the workers might be at the time of conducting work at a place where the workers might fall or fall down;

Nevertheless, the defendant from February 6, 2020 to February 7, 2020.

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