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(영문) 청주지방법원 2019.05.10 2019고단393
업무상과실치사등
Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of 10,000,000 won.

Defendant

B.

Reasons

Punishment of the crime

Defendant

B(State) is a construction company that has been carrying out “D Corporation” in Jincheon-gun C, Chungcheongnam-do, and Defendant A is a person who is responsible for the safety and health management of his employees as the head of the site office at the above construction site.

1. In the event that Defendant A’s business owner violates the Occupational Safety and Health Act and occupational injury, etc. proceeds from an operation that is likely to fall off, do so, he/she shall pay a safety cap to the worker and have him/her wear it, and, in the event of conducting an operation on the roof of a roof covering with weak materials, such as asbestos slate, in a place where the height or depth is likely to fall, he/she shall require him/her to wear it, and shall take measures necessary to prevent danger, such as installation of a light plate at least 30 cm in width, or installation of a fall protection network, etc., if there is a risk for workers to do so, such as an omission;

Nevertheless, the Defendant neglected the above duty of care on November 20, 2018, and at the above construction site around 13:05, the Defendant: (a) had a victim E (58 years of age) work on the roof upper part of the 11m height above the ground without wearing a safety hair and a safety control net; (b) had the victim go against the ground floor by falling off the board that was lower than the victim.

At the same time, the Defendant did not take measures for the safety of workers, and at the same time, due to occupational negligence, caused the victim to have his/her death at the He/she hospital of the G Medical Foundation located in Jincheon-gun F on November 20, 2018.

2. Defendant B (State)’s employees A did not take measures to ensure the safety of the Defendant’s work as above at the time and place specified in paragraph (1), thereby causing the victim E’s death.

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