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(영문) 광주지방법원 2017.12.07 2017고단4141
업무상과실치상
Text

Defendant

A Imprisonment without prison labor for four months, six months of imprisonment without prison labor for Defendant B, six months of imprisonment for Defendant C, and a fine for Defendant D Company 5,00.

Reasons

Punishment of the crime

Defendant

E Co., Ltd. is a corporation established for the purpose of building construction business, etc., and is the business owner who has undertaken the new construction work of H apartment at Sejong City, and Defendant D Co., Ltd is a corporation established for the purpose of civil engineering work business, etc., and is the business owner who has subcontracted the installation and dismantling work of the safety net construction

Defendant

B As a site manager of E Co., Ltd., a person who exercises overall control over the safety and health of workers belonging to E Co., Ltd. and subcontractors belonging to the above construction site. Defendant C is a field manager belonging to D Co., Ltd. and is in the position to exercise overall control over the safety and health of workers belonging to D Co., Ltd., and Defendant A is a string pilot belonging to E Co.,

1. Defendant C, at the construction site around October 10, 2016, had the victim I (60 years) perform dismantling work using a string string, with the victim I (60) who was employed by the Defendant at the above construction site.

At the time, the dismantling of the safety net was engaged in a work using a studler, and the victim was engaged in work on the sixth floor of the building in danger of falling, and the weight of the safety net exceeds 100 kilograms, so in such cases, the defendant has a duty of care to take measures to prevent workers' disaster, such as designating a manager supervising the string work and preparing a work plan for handling heavy objects, if the defendant places a manager supervising the string work and prepares a work plan for handling heavy objects.

Nevertheless, the defendant did not assign a manager to the above work site, and had the victim who had been engaged in dismantling safety net on the 6th floor of the construction site by negligence that did not assign a manager to the above work site, and had the victim fall into the floor and suffered bodily injury, such as double alleys, which need to be treated for about eight weeks.

2. Defendant B is part of the business as above to D Co., Ltd.

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