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(영문) 창원지방법원 2015.12.16 2015고단2360
업무상과실치사등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

B A stock company is a corporation established for the purpose of facility maintenance business, etc., and is a business owner performing external wall painting work at D elementary schools located in Kimhae-si, and Eul is a representative director of the above B corporation, who is a person in charge of safety and health management at the above construction site, and the defendant is a personal business owner who runs the above construction business with the trade name "F", and is a contracting business owner who executes external wall painting work under a contract with the above

E around May 8, 2015, around 11:28, the victim G (the age of 49) who is an employee belonging to the above D Elementary School cafeteria was allowed to carry out the painting work of school outer walls using the accusation work unit.

The business owner shall take measures necessary for the prevention of hazards in the places where workers might fall down at work, where sand, structures, etc. might collapse, where material objects might fall or come by flying, and where other hazards may occur in the course of work due to natural disasters and acts of God.

Therefore, in order to prevent the falling risk of his employees, E has a duty of care to prepare a work plan, including the download prevention measures and the operation routes and work methods of loading, unloading, transportation, machinery, etc., and to have employees under his/her control perform work in accordance with the plan, and to have employees wear protective outfits, safety level, safety belt, etc. and supervise work.

Nevertheless, E neglected the duty to prepare the above work plan and wear protective outfits for its employees, etc., due to occupational negligence, while the victim G was on board a vehicle in order to conduct a restaurant painting work on the cafeteria of D elementary school, due to failure to properly combine the safety height, and caused the victim to fall under the floor below 10.5 meters on the rear side of the pent of the vehicle.

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