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(영문) 부산지방법원 동부지원 2016.10.05 2016고정644
업무상과실치사등
Text

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

2. The case where Defendant A does not pay the above fine

Reasons

Punishment of the crime

Defendant

B Co., Ltd. (the head office: C, 4th floor in Western-gu, Seoan-gu) is a corporation established on August 21, 1958 for the purpose of civil engineering and construction works, etc., which is a business owner constructing multi-family housing (E) in Nam-gu, Busan.

F Co., Ltd. (the head office: Young-si G) is a business owner who was established for the purpose of soil construction business, etc. on January 12, 2010 and is under construction with a subcontract for soil and structure construction works from the above multi-family housing construction company on January 27, 2015.

Defendant

A is a general manager for employees' safety and health, etc. as a site manager at the construction site of the above multi-family housing being constructed by B, and H is a site manager for soil and structure construction being subcontracted by F Co., Ltd. to B and is a general manager for employees' safety and health.

1. From January 27, 2015 to August 19, 2015, Defendant A and H’s occupational death, and Plaintiff F subcontracted from Company B violating the Occupational Safety and Health Act started with earth and sand and structure construction at the construction site of the above apartment house from around January 27, 2015, to around August 19, 2015, Defendant F had completed the primary another construction at the section above the retaining wall’s height of the retaining wall (28.8m in length, the front height of the retaining wall, and 2.7m in the upper height of the retaining wall). Around August 19, 2015, Victim I et al. put the remainder into another construction for the section 1.3m in height.

In order to have an employee under his control, such as victim I(62 years of age), etc. install a retaining wall construction at a place at risk of falling, H, a stock company F, shall take necessary measures to prevent the falling risk, such as assembling a dog, etc., and where it is difficult to install a work plate, he/she shall take necessary measures to prevent the falling risk, such as installing a safety net or wearing a safety belt.

The defendant, who is the site manager of B corporation, shall be the victim I and other workers employed by F, the contractor of the above earth and structure construction (mathing wall construction).

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