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(영문) 서울동부지방법원 2021.01.14 2020고단3046
업무상과실치사등
Text

Defendant

A and B shall be punished by a fine of KRW 7,00,000,00,00, respectively, for four months of imprisonment for each of them.

provided, however, that the defendant A, a.

Reasons

Punishment of the crime

[Basic Facts] Defendant C is a corporation established for the purpose of landscaping construction business under the Dongdaemun-gu Seoul Building D and E, and the business owner planned from March 2, 2020 to April 10, 2020, which carried out the “G Corporation” in the F Streets, etc. of Seongdong-gu Seoul, Seongdong-gu, Seoul. Defendant A is the above Defendant C’s site manager, who is in charge of the safety and health management of employees working at the above site, and Defendant B is an engineer who operated the above construction site and operated the car studs at the above site.

[Criminal facts]

1. On March 13, 2020, Defendant A and Defendant B had been engaged in the maintenance of street trees at Seongdong-gu Seoul Metropolitan Government H around 10:25, around March 13, 2020.

Defendant

A, as a field manager, was responsible for removing the danger factors of workers and for preventing them, A was obligated to pay attention to the workers to provide safety equipment and to instruct their arrival. Defendant B had the duty of care to grasp in advance the risk factors of the work site before the work site or to take measures to ensure the safe work site by carrying out a work site with a engineer operating a camera.

Nevertheless, Defendant A, despite being aware of the risk of accidents in the light of the characteristics of the cateral work, should not be used by the cateral cler, and without the victim I (the remaining 46 years old), ordered the victim to board the cateral work without the safety education, safety equipment provision, and instructions to wear safety equipment for the caters. Defendant B, who was vulnerable to the cateral accident, attached the cleret directly to the cater and did not confirm the risk of the site, was negligent in operating the cateral boom of the cateral boom of the cater on the snow at around March 13, 202, without properly checking the danger of the site.

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