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(영문) 창원지방법원 2015.09.22 2015고단1719
업무상과실치사등
Text

Defendant

A shall be punished by a fine of 6,00,000 won, Defendant B and C by a fine of 5,000,000 won.

Defendant

A. A.

Reasons

Criminal facts

Defendant

A Co., Ltd. is a corporation performing the “(State) F Factory Extension Works” performed in Kimhae-si, and Defendant C is a representative of Defendant C Co., Ltd., who is responsible for preventing industrial accidents with respect to his/her employees and his/her employees, and Defendant A is a business owner of a G company performing the said expansion work under a subcontract with Defendant C, and is responsible for safety and health management for employees at the above site.

1. At around 09:40 on January 12, 2015, Defendant A had the victim H, who is his/her employee, install a stoppy on a steel framed structure (H-be) with a height of 5.9 meters.

The Defendant had a duty of care to prevent safety accidents, such as taking measures to prevent the fall risk of workers, when he/she had an employee work at a place at a height of at least two meters in danger of falling, by wearing a safety belt and installing equipment, etc. to use a safety belt safely.

Nevertheless, the Defendant, by occupational negligence, failed to install installation to walk safety belts on the above steel framed structure, etc., caused the victim to suffer a loss in the center of the steel framed structure at a height of 5.9 meters, and caused the victim to fall off on the concrete floor as it is, by neglecting the center of the poppy that was moved from the floor.

As a result, the Defendant did not perform the safety duty to prevent the fall risk at the construction site, thereby causing the death of the victim who felled on the floor as above by cerebral cerebrovasculars at the site. At the same time, the Defendant caused the death of the victim by such occupational negligence.

2. Defendant B contracted the steel frame construction among the above extension works to Defendant A.

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