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(영문) 서울동부지방법원 2019.10.29 2019고정776
업무상과실치사등
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

A or B fails to pay each of the above fines.

Reasons

Punishment of the crime

Defendant

D Co., Ltd. is a corporation established for the purpose of construction business, etc. in Gangnam-gu Seoul E9 and has 50 full-time workers. Defendant A is a field director and a person in charge of safety management of the head of Seongdong-gu Seoul Metropolitan Government F G GG in Seoul that is newly constructed as a contractor. Defendant C is a corporation established for the purpose of construction business, etc. in Gangnam-gu Seoul and has ten full-time workers. Defendant B is the field manager of the above C Co., Ltd., which is the subcontractor of the above D.

1. On January 11, 2019, Defendant A and Defendant B violated the Occupational Occupational Safety and Health Act (hereinafter “Industrial Safety and Health Act”) directed employees, such as victim I, at the G construction site located in Seongdong-gu Seoul Metropolitan Government, on the second floor using construction machinery such as concrete pumps, Pots, etc.

When workers are engaged in the work of 30cm above the sn beam height of about 4.8 meters on the ground, which is highly likely to fall, and thus, workers’ supervisor of work performed the work of using the sn beam machinery at the sn beam of 30cm above the sn beam of 4.8 meters above the ground. Accordingly, workers had a duty of care to conduct the work by conducting a prior investigation to prevent the danger of workers and preparing a work plan in consideration of the results of the prior investigation to prevent the danger of workers, and to conduct the work accordingly, training workers, and having workers wear a proper safety cap, sniffing the sn beam at the place where workers are at risk of falling or falling, and installing a safety tag at the sn beamline and preventing accidents caused by fall.

Nevertheless, the Defendants neglected to pay safety features to workers who are not equipped with shock absorption materials, but did not prepare a work plan in advance and do so at the work site.

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