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(영문) 대구지방법원 서부지원 2012.11.09 2012고정819
업무상과실치사등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

C is a person in charge of the management in the water supply construction site, which is being constructed in the Gyeong-gun E Group of Seongbuk-gun, from a person operating the D Industrial Development, and the defendant is a driver in the above construction site.

1. On November 3, 201, occupational injury, occupational injury, and violation C of the Occupational Safety and Health Act had workers F and G work as well as water supply pipes laid underground at the underground excavation reservoir around November 11, 201.

At the time, the above workers were engaged in work in the underground excavation reservoir of approximately 0.8 meters in width and approximately 2.5 meters in depth. In such cases, business owners should take various safety measures, such as the appropriateness of the excavation method, whether obstacles are laid underground, the possibility of damage, the possibility of secondary disasters, etc. in advance in order to prevent such danger, and the excavation shall be conducted in accordance with the design drawings, and in the case of wetlands, excavation shall be conducted in compliance with the standards from 1:1 to 1:5 meters of the excavated surface.

Nevertheless, without a sufficient prior review to prevent risks, C ordered the Defendant to excavate the excavation depth on the design drawing at 0.8m without changing the design drawing, and did not take a prior safety measure to prevent risks, such as allowing the Defendant to excavate the excavation depth in a depth of 2.5m without changing the design drawing, even if it was a wetlands ground at the time, and the Defendant did not perform a prior safety measure to prevent risks, such as allowing the Defendant to excavate the excavation hole close to the right angle. The Defendant was performing a construction work for the excavation without the construction operator's construction operator, and the Defendant did not properly adjust the excavation by reporting the ground condition to C when the ground was the ground at the time of excavation.

Ultimately, when the victim F(57 years of age) and the victim G(41 years of age) intend to get out of the above excavation reservoir due to the above negligence, the victim collapses, and the victim collapses.

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