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(영문) 울산지방법원 2015.06.19 2014고단3781
업무상과실치상등
Text

Defendant

A A shall be punished by a fine of KRW 10 million, by a fine of KRW 5 million, by each fine of KRW 5 million.

Defendant

A, B..

Reasons

Punishment of the crime

Defendant

A is the team leader and interest of E, the field manager at the construction site of non-building work in Ulsan-gun, Ulsan-gun, the construction site manager at the construction site of the non-building site of the FG-gun, who acts on behalf of the business owner for the safety and health of his employees. Defendant B is the business owner who was awarded a subcontract for non-construction work of 8,580,000 won in the construction site of the above factory in the name of B from Ulsan-gun to H, Ulsan-gun, and Defendant C is the vice president of the above construction site of the above G, and the above D is the person in charge at the construction site of the above factory-building site of 11,90,000,000 won in the construction cost of the above G and is the person in charge at the construction site of the above factory-building site of 11,90,000 won in the construction cost of the above G, and Defendant D (State) is a corporation established for the construction work, etc. of the above factory-building work.

1. Defendant A, around 16:00 on March 22, 2014, at the construction site of a factory in the Flux in Ulsan-gun, Ulsan-gun, Defendant A, along with the Victim K (38 years of age), who is an employee E, was engaged in dismantling.

In the event that the dismantling work is conducted at a place with a high risk of falling as above, there was a risk that the work executor might lose balance and fall, thereby causing the accidents of breaking down or die.

Therefore, the defendant, who is the team leader and the on-site safety manager of E, had a duty of care to take safety measures, such as installing a fall prevention facility at a place where workers might fall down, such as a vertical fall-off net or cover, and having workers go on and work at a fall prevention line, etc. while working in the field.

Nevertheless, the Defendant did not take necessary safety measures in breach of the above duty of care.

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