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(영문) 대구지방법원 서부지원 2019.10.17 2019고단587
업무상과실치상
Text

Defendant

A A shall be punished by a fine of KRW 2,000,00,000, in six months of his/her imprisonment without labor.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

B As the site director of the company D in Daegu Northern-gu, Inc., a person in a position to exercise overall control over and manage the work at the construction site of the new construction site of the Daegu-gu E, Daegu-gu, which the said company is contracted, and the Defendant A is a pump operator of the “F” affiliated with the “F” upon receipt of a request for the removal of concrete, etc., who performed concrete removal work at the said work site, and the victim G is a worker of H who was contracted from D to the said company.

Defendant

On October 16, 2018, A around 14:27, at the construction site of the new construction site of the Daegu-gu E, Daegu-gu, in accordance with the direction of Defendant B, parked pumps on the street, and operated a concrete building by manipulating the movement in a state where a high voltage line installed on the street with a boomr installed on the street and a boom installed in the pump line with street trees passed through the boom.

At the time, since high voltage lines and booms are mixed in the street, Defendant A was unable to accurately grasp the location of street trees and high voltage lines due to the lack of view, and there was a possibility of cutting due to the contact between high voltage lines and booms at any time during the operation of booms because the space between street trees and high voltage lines is not broad.

Defendant

A as a law firm worker, so long as it is difficult to secure view at the work site where high voltages and street trees are mixed as above, A has a duty of care to prevent accidents, such as taking measures to ensure view of view, and as long as there is a possibility of cutting due to contact between high voltages and booms at any time in the course of operating booms, there was no possibility of contact. In the course of operating booms, there was a duty of care to prevent accidents, such as booms and booms from being contacted.

Defendant

B is in the position of overall control and management of on-site work, as above.

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