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(영문) 대전지방법원 2018.11.23 2017고단4311
업무상과실치사등
Text

Defendant

A Imprisonment with prison labor for 6 months, Defendant B for 4 months, and Defendant C for 4,00,000 won, respectively.

Reasons

Punishment of the crime

Defendant

C Co., Ltd. and Defendant D Co., Ltd. (hereinafter referred to as “Co., Ltd.”) are corporations established for the purpose of civil engineering work business, etc., and they jointly contracted “F construction works” in Daejeon-gu from E, and Defendant A is a person in charge of safety management of their employees as the site warden at the above construction site under C, and Defendant B is a worker in charge of the management of steel bars at the above construction site.

1. Defendant A

A. On June 23, 2017, the Defendant had his employees, such as B and C (52 tax) work at the construction site above and around 11:05, organize the steel bars of the railing of building outer walls.

At the time, workers were engaged in the steel arrangement work at the work site of each floor of the outer wall of the building, and there is a danger that steel bars may fall under the lower floor because there is a hole or a space in that place. In such a case, the defendant, who is in charge of the safety management at the construction site, has a duty of care to prevent the danger of workers due to the falling water by installing a cargo prevention network.

Nevertheless, the Defendant caused the death of the victim G who had worked on the five-story outer wall of the fifth floor away from the 8-story outer wall due to the negligence of not installing a cargo prevention network, and caused the victim's death with 11:46 pulse cerebral cerebralopia on the same day.

B. On June 26, 2017, the Defendant did not install an interim rail railing at the construction site of the above construction site: (a) the installation of a landing plate of the inside strings of the water tank room of the third floor above the ground level; (b) the safe passage to be used by an employee was not installed in a place leading to the upper part of the hallway work of the fourth floor above the ground level; and (c) the installation of a cover covering the opening part of the 1st floor above the ground level, and (d) the hallway of the hallway of the 4th floor above the ground level.

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