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(영문) 서울북부지방법원 2018.05.16 2017고단3275
업무상과실치사등
Text

Defendant

A Imprisonment for six months, Defendant B’s fine of KRW 2,00,000, and Defendant C’s fine of KRW 5,000,00.

Reasons

Punishment of the crime

Defendant

C Co., Ltd. (hereinafter referred to as “C”) is a corporation established on August 11, 2015, the head office of which is located in the Seo-gu Incheon Metropolitan City E underground floor and for the purpose of construction machinery leasing business, and a corporation that installs, dismantles, and leases 5,00,00 won from F Co., Ltd. (hereinafter referred to as “F”) from August 1, 2016 to January 31, 2017 and receives 5,00,000 won from F Co., Ltd. (hereinafter referred to as “F”) and performed by the said company at the “Seoul Seongbuk-gu Seoul Metropolitan Government New Construction Corporation” site.

Defendant

A The representative interest of the above C is a business owner who performs the installation and dismantling of another workshop at the site of the Seongbuk-gu Seoul Metropolitan Government G loan construction, and the defendant B is the on-site manager and the head of the team for the establishment and dissolution of the C.

1. On December 27, 2016, Defendant A instructed C’s team leader B, victim H ( South, 36 years of age), and foreign workers I to dismantle kicks installed at the site of the new G construction work in Seongbuk-gu G around July 2016.

In light of its nature, the dismantling work of a string is highly likely to fall, fall, fall, electric level, narrowness, collapse, etc. of workers. In the event of dismantling work of a string, a business owner has the duty of due care to prevent accidents in advance, such as conducting a work of dismantling the string, investigating the structure, condition, etc. of the string, and preparing a work plan for safety measures to prevent risks arising from the work, such as the order of decommissioning, the composition of workers, the scope of roles of workers, etc. according to the results of the investigation, and then have workers work in accordance with the work plan. A national technical qualification engineer or a non-functional technician under the national technical qualification Act, or a person who has completed the work at the Korea Industrial Safety and Health Corporation, other than those who have completed the work and completed the work, shall not be allowed to do so.

Nevertheless, in violation of this, the defendant did not properly grasp the structure of the strawle, which is the object of dissolution.

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