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(영문) 광주지방법원 해남지원 2015.05.26 2015고단1
업무상과실치사등
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

A, B, and D do not pay each such fine.

Reasons

Punishment of the crime

Defendant

E Co., Ltd. (hereinafter referred to as “Defendant E”) refers to the start-up work for the Hado-gun F, G Hme Park Creation Project (hereinafter “H Park Creation Project”), Defendant D’s representative director, Defendant C Co., Ltd. (hereinafter “Defendant C”) under a subcontract for the steel reinforced concrete work during H Park Construction Project, Defendant C’s actual representative, and Defendant C’s site director at H Park Construction Project.

1. On August 31, 2013, Defendant A and Defendant B instructed his employees to perform the construction works laid underground among H park construction works from Defendant B, the Jeonnam-do court of Ydo, in order to have the employees under its jurisdiction perform the construction works laid underground.

Defendant

A as a site manager, a construction site is being engaged in excavation work for underground works, and there is a stone at a close place to the site of excavation work, and thus preventive measures are taken to prevent the collapse due to excavation work, etc., and even though workers are obliged to pay safety caps and wear them, they did not perform the above duties.

Defendant

B As the actual representative of Defendant C, in the event that the excavation work is likely to be dangerous to workers due to the damage, etc. of the relevant temporary structure in the course of the excavation work at a place adjacent to the construction site of an underground structure, the business owner shall take measures to prevent the relevant danger, such as reinforcement or removal of the relevant construction structure, and in the event that an object is removed or falls at the risk of falling, the business owner did not perform his/her duty to wear a safety wear, even though he/she has the duty

As a result, the Defendants jointly collapseed with the above occupational negligence at around 11:30 on the same day, and the victim K (the age of 41) who is an employee who works in the vicinity of the excellent construction site laid underground.

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