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(영문) 창원지방법원 마산지원 2015.09.23 2014고단1172
업무상과실치사등
Text

Defendant

A shall be punished by imprisonment without prison labor for one year, and by imprisonment without prison labor for eight months, respectively.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A As the representative director of a D Co., Ltd., a person who was supplied with sewage of KRW 53 million in the site of the removal work, and was responsible for the management and supervision of the above removal work site. Defendant B is a person who re-supplys and supplies the chimney removal work of the said building as a manager of the D Co., Ltd., a person who was engaged in construction work by entering a 25 ton of a 25 ton of a ship owned by the D Co., Ltd.

Defendant

A has an occupational duty of care to prevent accidents in advance by installing a fixed work plate and safety belt installation, etc. in order to prevent the danger in a place where a workman is at risk of falling, and by providing safety belt, etc., and by providing safety education, Defendant B has an occupational duty of care to prevent accidents in advance. Defendant B has an occupational duty of care not to engage in the work in a state where a work worker gets on board or getting off by carrying a work worker.

Nevertheless, around 08:56 on July 30, 2014, the Defendants made a safety net in the shape of static pipe with a view to removing a chimney of the building in question, without neglecting the above duty of care at the site of the removal work, and attached it to the wing Belgium, installed the safety net to the wing gate, with cutting equipment necessary for the removal of a chimney, installed the victim F and G, who were workmen, and installed the above safety net up to a chimney of about 30 meters in height. While the victims cut a chimney at about 10 meters from the ground and cut off the chimney and cut the above safety net to a separate gate, the victims turned down the above safety net at about 10 meters from the ground.

The Defendants’ negligence in the above occupational negligence, i.e., death of the Victim F from the victim’s seat to the long-term damage, etc., and approximately 14 weeks to the victim G.

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