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(영문) 전주지방법원 2014.05.22 2014고단189
업무상과실치사등
Text

Defendant

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

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is a person in charge of the field supervision, safety management, etc. of the construction site as the head of the site of the "Gimcheon-si D Multi-Family Housing Construction Project" performed by B, and the defendant B is a corporation established for the purpose of housing construction business, etc., and the defendant B is a corporation established for the purpose of housing construction business, and a person who performs the construction project by receiving the

1. Defendant A

(a) A business owner who violates the Occupational Safety and Health Act and causes death by occupational negligence due to the death of workers shall prevent hazards caused by defective working methods, etc. and shall take necessary measures to prevent hazards in places where soil, sand, structures, etc. are likely to collapse during work;

Defendant

A around 15:10 on June 24, 2013, around 15:10, at the site of the e-construction site, Kim Jong-si, Kim Jong-si, and the workers F (36 years of age) of the said corporation was required to measure the depth of excavation to be laid underground.

At the time, the place where the excavation depth was measured by the above F is at least 2 meters in the height of excavation. In such cases, in order to prevent danger to workers as a site manager, the defendant A has a duty of care to prevent risks caused by the excavation of the ground by conducting a prior investigation into the relevant work, the relevant work site, the topography, ground level, and ground-to-ground conditions, etc., and recording and preserving the result, preparing a work plan in consideration of the results of the investigation, and according to the plan, the work plan shall be conducted in accordance with the relevant plan, and when excavation is conducted, the he/she has a duty of care to prevent the excavation of the ground according to the type of the ground.

Nevertheless, Defendant A neglected this and did excavation work on a vertical basis without complying with appropriate standards without taking particular safety measures while excavating the ground.

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