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(영문) 광주지방법원 2014.11.26 2014고단3510
업무상과실치사등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a business owner who employs eight full-time workers in the “D Remodelling Project Site” located in Jeonyang-gun, Jeonyang-gun, and carries out the said remodeling project.

1. Business owners shall take measures necessary for the prevention of hazards caused by improper work methods in excavating, quarrying, stevedoring, timbering, transporting, operating, dismantling, the handling of heavy objects, and other work;

In order to prevent workers' danger, the Defendant has a duty of care to conduct a preliminary investigation into the relevant work, the relevant work site, the topography and ground level in the workplace, the ground level, the height of the ground level, etc. in order to prevent the risk of workers, and to prepare a business plan containing safe work methods, such as the method of decommissioning and the order drawing, according to the result of the prior investigation, and to have the employees perform the work in accordance with the plan, and to take necessary measures to prevent the work danger, such as the installation of a burner team, etc. to prevent the excess of the work structure.

Nevertheless, the Defendant neglected the above duty of care and caused the death of the victim E, a worker, due to negligence in the course of duty, to cover the red wall in the front wall in the process of releasing the red wall, thereby damaging the chest long-term.

Accordingly, the Defendant caused the death of the victim E by occupational negligence above.

2. The business owner shall take measures necessary for the prevention of hazards at a place where workers might fall down in the course of work;

On May 20, 2014, the Defendant was at the construction site of the foregoing remodeling project, and necessary to prevent the fall of workers, such as installing a safety railing and safety net at the mobile-type vision where workers might fall down.

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