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(영문) 청주지방법원 충주지원 2015.06.05 2014고단198
업무상과실치사등
Text

Defendant

A and C shall be punished by a fine of 2,000,000 won, and Defendant B shall be punished by a fine of 3,000,000 won.

Defendant

A, B.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of indoor tegrative works, etc. and has been awarded a contract for interior works from H among the new construction works of Chungcheong Jwa Holdings in I and three parcels, and Defendant A is a person in charge of safety control (on-site agent) in charge of the prevention and management of the industrial accidents of Chungcheong Jwa Holdings Corporation as the head of the on-site office of the corporation C.

In addition, Defendant B is a business owner who subcontracts specialized construction works, such as interior decoration and interior decoration, and interior decoration, etc., with the trade name of Defendant C, and is awarded a subcontract for part of the foregoing interior works by Defendant C, and is responsible for performing safety and health matters for the prevention of industrial accidents by its employees, and the victim L is a worker of K.

When an employee engages in work at a place at a risk of falling down, the employer shall provide a safety cap and have him/her wear it.

In addition, when a contractor contracts part of the business conducted at the same place, he/she shall take measures to prevent the above industrial accidents when his/her workers employed by the contractor work at a place where the falling risk is likely to occur.

1. At around December 17:15, 2013, Defendant A and B instructed two persons, including the victim L, to perform the construction of the second floor of the construction site of the Jwale Construction site.

At this point, there was a danger of falling down on the second floor of the mobile-style 2nd floor at a height of 3.6 meters above the ground (compact board attached to the wall) by installing a mobile-style string system.

Therefore, Defendant A should take measures to ensure that the employees wear a safety mother in order to prevent risks by fall of the employees belonging to the K, a contractor of C, a company, which is the contractor of C, to perform part of the business conducted at the same time and at the same place as above.

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