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(영문) 청주지방법원 2018.08.17 2018고단786
업무상과실치사등
Text

Defendant

A, B, and C shall be punished by a fine of KRW 5 million, and Defendant D shall be punished by a imprisonment without prison labor for ten months.

Defendant

A, B, each.

Reasons

Punishment of the crime

1. The Defendants’ position is a juristic person established for the purpose of construction business, etc.; Defendant B is the representative of the Co., Ltd., who is responsible for the safety and health at the construction site of the F warehouse construction site in Cheongju-si, Jung-gu; Defendant A is the business owner who performs the construction works at the construction site at the above construction site and is responsible for the safety and health management of his employees.

2. Defendants A, B, and D’s occupational injury and death, and Defendant A’s violation of the Industrial Safety and Health Act, were engaged in the development of C-type lectures at the construction site above around November 11, 2017, and the victim G (50 years) was engaged in the development of c-type lectures at the construction site above around November 7, 2017. Since the victim G (50 years) was in a direct angle of steel bars by connecting C-type mouths to C-type mouths, there was a risk of falling off C-type lectures.

Therefore, Defendant B, a safety and health manager in C, has a duty to take necessary measures to prevent danger, such as the installation of a network to prevent falling water, a vertical protection net, a protection zone, the wearing of protective outfits, etc. in the event that a worker employed by the contractor’s work causes falling or is in danger of falling objects due to his work, and where a worker handles heavy objects by using vehicle mooring, loading and unloading transport equipment, etc., he has a duty to use the termination device in accordance with the plan.

In addition, Defendant A had a duty of care to take such measures as above so that a worker under his command can work safely.

On the other hand, the defendant D himself.

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