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(영문) 광주지방법원 순천지원 2017.06.30 2016고단2704
업무상과실치사등
Text

1. Defendants A and C shall be punished by imprisonment for six months, by a fine of five million won, and Defendant D shall be punished by a fine of five million won.

Reasons

Punishment of the crime

Defendant

B Co., Ltd is a corporation established for the purpose of the construction business of steel structure in Gwangju Mine-gu.

Defendant

A is the representative of the above Defendant B Co., Ltd. performing the construction work from August 1, 2016 to October 15, 2016 with a contract of KRW 35,200,000 of the construction amount, and is responsible for the safety and health of employees employed at the above site.

Defendant

D Co., Ltd. is a business owner as a corporation established by I for the purpose of construction business, etc. in South Asia.

Defendant

C The term “H-new construction works” is a general manager for safety and health of workers employed by a contractor as an on-site agent belonging to the above Defendant D Co., Ltd., who performs the work from March 14, 2016 to January 7, 2017 under a contract of KRW 4,030,000,000 for construction costs from Bosung-gun.

1. On August 16, 2016 under the above contract between Defendant C, Defendant A, and D Co., Ltd., Defendant A had the victim J (53 tax) (53) work as a person working for Defendant B Co., Ltd., and the victim J. (53) work for installing a string of steel structure at the second (9.2m high) of the above site steel structure.

Since the above work is very high risk of falling, Defendant A and Defendant C had a duty to take safety measures to prevent the falling risk, such as having workers wear a safety belt, if it is difficult to install a safety net, etc.

Nevertheless, even if the Defendants are not in a situation where it is difficult to install the safety net, they cannot operate properly the sub-lease in such a way that they can not install the safety net and allow them to proceed with work without installing the safety net, and are likely to obstruct work.

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