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(영문) 대구지방법원 상주지원 2013.05.07 2012고단526
업무상과실치사등
Text

Defendant

A In October, Defendant B Co., Ltd. shall be punished by a fine of 20 million won, and Defendant C and C shall be punished by a fine.

Reasons

Punishment of the crime

To the extent that there is no concern about actual disadvantage to the defendants' exercise of their defense rights, rhym the facts charged without changing the indictment and recognize the facts charged.

Defendant

B A Co., Ltd. is a contractor awarded a subcontract for “M” work among the “L” work performed by Defendant D Co., Ltd. with 30%, Defendant E 24%, Defendant F Co., Ltd. with 15%, Defendant G Co., Ltd. with 15%, Defendant H Co., Ltd. with 8% shares, and Defendant H Co., Ltd with 8% shares.

1. Defendant A is the site director of the above B Company with respect to the waterway construction in the above occupation village and is the safety and health management manager who exercises overall control over and manages the affairs concerning the safety and health of his employees, including matters concerning the establishment of an industrial accident prevention plan.

In order to prevent health problems for workers under his/her jurisdiction, the defendant has a duty of care to designate a supervisor to monitor the status of his/her work at all times and assign him/her to the outside of the sealed space. <2> The defendant has a duty of care to prevent health disorder and accidents by formulating and implementing a program for health work in the sealed space, including measurement and evaluation to check whether the state of the air prior to the commencement of his/her work is appropriate, and safety education and training, such as emergency measures, and wearing and managing the air conditioning or air conditioning, and other matters concerning the prevention of health problems for workers working in the sealed space, and thereby preventing health disorder and accidents.

Nevertheless, on December 28, 201, the Defendant: (a) around 13:10, at the construction site of Dongdaemun-gu N around 201, confirmed the internal conditions of the Manle, such as water leakage in the upper Manle, which is a sealed space, to the victim O (the age of 37) who is an employee of the said B Co., Ltd.; and (b) closed the superior connection center.

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