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(영문) 광주지방법원 해남지원 2019.05.16 2019고단44
업무상과실치사등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 20, 2018, the Defendant, who runs a construction business in the name of B, is a business owner and a person in charge of safety and health management of the said newly constructed construction project, who contracted and performed steel frame, board, hold and glass construction among the new construction works for E commercial housing located in Donnam-gun D from Donnam-do.

The Defendant, as a person in charge of safety and health management at the construction site above, shall pay a safety cap to workers engaged in any work at the risk of falling or falling off the object, or have workers wear the safety cap, and shall take protective measures by installing a structural reinforced with sufficient strengths, fences, vertical fall telescopes, covers, etc. at the end or opening of the work plate and the passage, where workers might fall, and where workers engaged in work at a height of at least two meters high risk of falling wear a safety belt, equipment, etc. to safely walk the safety belt shall be installed.

1. At around 11:40 on November 10, 2018, the Defendant did not take protective measures, such as safety distress, despite the risk of falling workers on the balcony of about 3.4m height. The Defendant, who was employed by the Defendant, performed the installation work of a roof board in a state where the victim F (the age of 46) employed by the Defendant did not wear safety caps. During the work, the Defendant, who completed the work on the second floor, was sufficient from the balcony part of the balcony part of the second floor and fell on the concrete floor below about 3.45m.

Ultimately, at around 12:03 on November 10, 2018, the Defendant caused the death of workers by failing to take necessary measures to prevent the wearing and fall of the safety caps of workers, at the same time, from being damaged by two parts at the branch of the 813 No. 813 old-do Nowon-do, Seoul Special Metropolitan City, as well as by failing to take necessary measures.

2. The Defendant: (a) around November 12, 201, at the site of the construction of the foregoing new construction project; and (b) on the first floor.

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