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(영문) 의정부지방법원 2019.11.29 2019고단3151
업무상과실치사등
Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On May 9, 2019, Defendant C was sentenced to a suspended sentence of one year for six months of imprisonment due to occupational negligence, death, etc. at the District Court of the Republic of Korea on the 17th of the same month and the judgment became final and conclusive.

【Criminal Facts】

Defendant

B A corporation is a corporation established on February 22, 2016 with its head office located in Gyeyang-gu E building F in Gyeyang-gu for the purpose of construction business. B is a business owner who subcontracted the “H extension construction work” from the Defendant D corporation to KRW 465,300,000, and Defendant A is a site manager at the construction site contracted by Defendant B.

Defendant

D Co., Ltd. is a corporation established on October 7, 2015 with its head office on the 9th floor of the Seocho-gu Seoul Metropolitan Government I building for the purpose of construction business, and the above H expansion construction work ordered by H (State) is awarded in KRW 6,050,000 and is performing construction work with ten full-time workers. Defendant C is a representative director of Defendant D Co., Ltd., and is a general person in charge of safety and health management who exercises overall control over the safety and health affairs of workers employed by the contractor and workers employed by the contractor.

1. Defendant A, Defendant C’s occupational death and injury, and Defendant A’s violation of the Occupational Safety and Health Act, from October 3, 2018 to the above Hung Construction site, Defendant A had been performing the construction of the board from around October 3, 2018. The victim J was a worker for the daily work belonging to the Plaintiff Company B, who received KRW 230,000 per day on December 11, 2018 and continued the closing of the board.

Where a business owner is very difficult to install a rail, etc. or he/she is to dismantle a temporary rail, etc. for the necessity of his/her work, he/she shall install a crashing net, and where it is impracticable to install a crashing network, he/she shall take measures necessary to prevent the fall risk, such as having workers wear a safety belt

In addition, a business owner shall wear a safety belt at a place with a height of at least two meters that is likely to fall.

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