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(영문) 부산지방법원 2016.09.06 2016고단1373
업무상과실치사등
Text

Defendant

A Imprisonment of six months, Defendant B’s imprisonment year, Defendant C’s fine of 2,50,000 won, and Defendant C’s imprisonment.

Reasons

Punishment of the crime

Defendant

A is a chief of the site office and a person in charge of safety and health management who manages overall matters concerning safety and health of workers at the site of “I Corporation” located in the Busan Sho-gu H, Busan, which is performed by Defendant C, and Defendant C is a worker belonging to Defendant C, who is a company of the above construction site, and Defendant C is a corporation established for the purpose of construction business, such as landscaping construction, with its head office located in the Sung-gu, Sungnam-siJ, Sungnam-si, which is a corporation established for the purpose of construction business, such as landscaping construction. The above “I Corporation” is subcontracted to KRW 264,00,000 from August 14, 2015 to December 31, 2015.

Defendant

D As Defendant E, Defendant E, a contractor, is the head of the field office and the person in charge of safety and health management in charge of overall management of safety and health of employees employed by Defendant C, a contractor, at the above site of “I”, and Defendant E, a corporation established for the purpose of construction business, such as civil engineering and landscaping with its head office located in Busan Dong-gu K, Busan, and the said I Corporation was awarded a contract for KRW 5,868,568,000 with its head office for the said I Corporation, and among which I Corporation was awarded a contract for the landscaping work to Defendant C, it was awarded a subcontract to Defendant C to perform the landscaping work from January 23, 2014 to December 31, 2015.

1. At around 15:30 on October 24, 2015, Defendant A, and D jointly committed criminal conduct, Defendant A, B, and D used Defendant B and the victim L (the age of 68) who are the employees of Defendant C Co., Ltd. at the above I Corporation, to store landscaping stone, which is a vehicle-based construction machine, which is a weight equivalent to 500km.

In such a case, Defendant A, who is the person in charge of safety and health management of the above work, had workers work heavy objects at a place at the risk of fall, falling, electric shock, narrowness, and collapse, and thus, Defendant A, which is a person in charge of safety and health management of the above work, shall prepare a work plan that includes preventive measures, have them work in accordance with the plan,

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