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(영문) 울산지방법원 2017.07.13 2017고단1174
업무상과실치사등
Text

Defendant

A 4 months of imprisonment, Defendant B 4 months of imprisonment without prison labor, Defendant C 4 months of imprisonment, and Defendant D.

Reasons

Punishment of the crime

Defendant

D Co., Ltd. is a business owner established for the purpose of manufacturing chemical products located in Ulsan-gun, Ulsan-gun, and Defendant A, a personal business owner who runs the construction business located in the Nam-gu J in Ulsan-gu, U.S. with the trade name of Defendant I, was awarded a contract of KRW 25,00,000 for the replacement of chemical products located in the 2 team TSC (raw materials, plastic materials, and plastic materials) process and cooling water pipes from Company D.

Defendant

C As the representative of D Co., Ltd., a person in charge of safety and health affairs for his employees and contractor workers. Defendant A is a person in charge of safety and health affairs for employees belonging to I, Defendant B is a deputy head of the 2 team team of production D Co., Ltd., taking charge of safety management at the site of the replacement of cooling water pipes in this case. Victim K is an employee in charge of safety management at the site of the replacement of cooling water pipes in this case under employment of I.

1. Defendant A and Defendant B’s liability for the death of the victim

A. At around 10:20 on July 28, 2016, the Defendants’ failure to take safety measures, or Defendant A’s failure to perform their duties and (1) ordered the victim to dismantle fluent water pipe pipes installed at a height of about four meters from the ground at the instant work site, to remove fluent water pipes connected to the victim.

As above, the defendant in charge of safety duties shall, when he/she engages in work at a place where a worker is at a risk of falling or falling down, install a work plate by assembling a dog, etc., where it is difficult to install a safety net, install a safety net. In cases where it is difficult to install a safety net, he/she shall take measures necessary to prevent a fall risk, such as having the worker wear a safety belt, etc., and where he/she wears a safety belt at a place where at least two meters high risk of fall, he/she shall install equipment, etc. to use it safely.

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