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(영문) 창원지방법원 2015.06.25 2014고단3556
업무상과실치사등
Text

Defendant

A Imprisonment for 6 months, Defendant B shall be punished by a fine of 7,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of construction business, etc. with its head office in Changwon-si E, Changwon-si, and is a business owner who performs construction works for main complex construction works with 20 workers from October 7, 2013 to September 30, 2014 after being awarded a contract of 2,200,000,000 won for construction costs for two parcels, which is ordered by Hanwon-gu F, Hanyang-gu, Seoul, and the defendant A is a person in charge of safety and health management responsible for the safety and health of all workers who belong to the head of the construction site.

1. Defendant A

A. The part of the business owner related to the victim G death has a duty of care to prevent safety accidents of his/her employees, such as: (a) to install a work plate by assembling a vision, etc.; and (b) to ensure that employees wear safety caps and wear safety caps for employees, etc.

Nevertheless, at around 15:30 on June 4, 2014, Defendant A, who is the site manager of the above corporation B, neglected the duty of care to prevent safety accidents, such as having the victim G (the age of 67) do work for the cutting of the d-13 dual steel bars inside the elevator hole of 5.1m high, which is at risk of falling at the above construction site, while having the victim G (the age of 67) do not install a work plate, and not having the safety cap wear it.

Therefore, the above victim fell from the above 5.1m height of the above work 5.1m during that work, and around 12:00 on the 16th of the same month at the Seo-gu Busan East University Hospital, Seo-gu, Busan, caused the death of the victim due to the cerebrovascular.

Accordingly, the Defendant violated the duty under the Occupational Safety and Health Act, and at the same time caused the death of the victim by violating the duty of care.

B. On September 2, 2014, employers with respect to the occasional supervision of the Korea Labor Agency assemble a mobile vision and work at the highest part.

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