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(영문) 부산지방법원 2017.05.24 2017고단1696
업무상과실치사
Text

Defendant

A Imprisonment without prison labor for six months, and Defendant B shall be punished by a fine of five million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

Defendant

B is a person in charge of safety and health management for employees under his/her jurisdiction as a private constructor performing the "D New Construction Project" in the Seo-gu Busan Metropolitan City.

Defendant

A is a person who is engaged in driving of a vehicle-based E digging machine.

Defendant

B was existing for the construction of a building at the same site from October 14, 2016 to October 17, 2016.

2. The apartment house was removed. In the process of removal, part of the outer wall of the neighboring building, which owned the house and the wall, was removed together, and around October 19, 2016, around 08:00, the repair work for the outer wall of the neighboring building was to be carried out, and the part of the outer wall to be carried out by the repair work was located at a height of approximately 3.6 meters on the ground with a high risk of falling.

In such a case, Defendant B was obligated to take measures to prevent a crash by providing safety caps and safety belts to the victim in preparation for working outside the upper part of the outer wall, and installing a work plate by assembling a bridge. Defendant A had a duty of care not to drive the vehicle by allowing the victim to board the blacker on the blacker of the blacker in danger of falling.

Nevertheless, Defendant B had the victim do work without installing a work plate at the site without paying a safety cap and safety stand, and Defendant A caused the death of the head and the damage of the body in the emergency room of Busan Magro-gu, Busan Magro-gu, Busan 16:52 on the same day due to the negligence of the injured party on the part of the above outer wall while driving a burner on the ground of the victim’s request.

Accordingly, the Defendants caused the death of the victim by joint occupational negligence.

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