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(영문) 부산지방법원 2016.05.03 2016고단1398
업무상과실치사등
Text

[Defendant A] Imprisonment with prison labor for six months

However, the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From August 10, 2015, Defendant A, a general director of Company B located in Busan-gu, Busan-gu, to be in charge of managing the safety of workers belonging to B, who work at the above construction site, from around August 10, 2015, to be in charge of managing the site of the crack-heat repair and painting of the outer wall of D apartment buildings located in Busan-gu.

On October 23, 2015, the Defendant: (a) around October 23, 2015, ordered workers, such as victims E (50 years of age) who worked for the above construction site, to repair the rupture of the above D Apartment 106 outer wall and to seal the wall.

The crack repair and painting of the outer wall of apartment is likely to fall on the floor of a worker on the bridge, which is linked to the roof of apartment at a height of not less than 70 meters from the ground, facing the wall of apartment in front of the building and the wall, and the work is carried out by getting off the wall of apartment with the wall. Therefore, if the frosp and the frosp are not solidly connected with each other, a worker on the frosp are likely to fall on the floor at any time.

Therefore, the defendant responsible for the safety management of workers at the above work site is obliged to take measures for the prevention of accidents, such as prompt repair, etc., under the Industrial Safety and Health Act, when he/she finds an accident that a separate life rope is connected to the apartment structure by connecting the safety belt worn by a worker with the life rope, even if the problem occurs on the log that is connected with the life rope, he/she does not fall into the floor even if the problem occurs, and when he/she finds an accident prior to commencing the work, he/she has a duty to take measures for the prevention of accidents, such as prompt repair.

Nevertheless, the defendant, in violation of the above duty, installed a life rope at the time of the establishment of the base line and connected it to the safety unit of workers or attached the base line in advance.

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