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(영문) 광주지방법원 2014.11.26 2014고단2969
업무상과실치사등
Text

Defendant

Punishment against A is KRW 7 million, and the punishment against Defendant B shall be KRW 5 million, respectively.

Reasons

Punishment of the crime

Defendant

B A corporation is a corporation established for the purpose of soil construction business, etc., which is a corporation performing reinforced concrete construction work among “H” in G in Naju, under sewage supply from I corporation, and Defendant A is an employee of B corporation in charge of safety and health management of reinforced concrete construction work.

1. On March 25, 2014, Defendant A’s violation of the Occupational Safety and Health Act, occupational death, and occupational injury caused by occupational negligence was removed by the victim J (J, 54 years old) and the victim K (55 years old) as part of dismantling work at the above construction site, Defendant A’s workers who belong to B Co., Ltd., and had the victim K (5 years old) remove the pit pumps inside the bottom loaded on the floor to remove the pit pumps.

A business owner shall have a supervisor determine the safe method of work and direct work when he/she performs the work of fixing, assembling, or dismantling a brupt, and when he/she handles heavy objects, he/she shall prepare a work plan and have him/her perform the work in accordance with such plan, and when he/she loads freight, he/she shall not load up freight at a height to an unstable level.

Nevertheless, the Defendant did not request the supervisor to determine safe working methods and to direct the work, and did not take safety measures for the removal of the original mV from the bottom to the maximum 2.7 tons. No safety measures, such as loading the mpp to the floor of the mpp to three parts, loading the two different mp to the mp to three parts, and loading the two different mp to the mp to the mp to the upper part of the mp to the upper part due to the weight of the mp to the above occupational negligence, and then the two parts of the mp to the mp to the upper part at the time of the collapse, and the victim JJ covered the body of the victims during the removal of the original mppp to the upper part at the time of the collapse, around 13:26:00 on the same day.

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