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(영문) 광주지방법원 2014.11.21 2014고단3436
업무상과실치사등
Text

1. Defendant A

(a) The defendant shall be punished by imprisonment with prison labor for eight months;

(b)Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

Defendant

A is the site manager of B Co., Ltd. in charge of steel-frame construction among the new construction of factories in the G district in Gwangju Northern-gu G District H, and Defendant B is the business owner in charge of steel-frame construction among the new construction of factories in the above H Co., Ltd., Defendant C is the site manager of the above G District H Co., Ltd., which subcontracted the steel-frame construction to the above H Co., Ltd., Defendant D Co., Ltd is the owner of the new construction of the above G District H Co., Ltd., and Defendant A is the owner of the above G District H Co., Ltd., and Defendant B is the person engaged in

The business owner shall take measures to prevent risks at a place where workers might fall down at work, and where the business consists of construction works in the specialized field and is implemented, the business owner shall take measures to prevent industrial accidents, such as the installation of safety facilities, when his/her workers employed by the business owner work in a place where the crash risk exists when all of the construction works in the specialized field are subcontracted.

1. In a case where Defendant A and the Defendants, around 10:00 on March 8, 2014, intended to allow the construction site of a new factory in the above G district H, the victim workers J (58 years old) and K (64 years old) to board Defendant E’s LW car to color the steel structure, Defendant A and E to do so. Since the above work is on the ground and at considerable height, the above work is to do painting, and thus, the workers are at the core or at the risk of falling from the floor due to the vibration, etc., the workers are at the risk of getting off or fall from the floor. Thus, prior to the work, the workers are required to undergo safety education, wear safety cap and safety bell to board the complaint vehicle, and take full withdrawal of the oppy of the complaint vehicle.

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