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(영문) 광주지방법원 목포지원 2018.04.06 2017고단1522
업무상과실치사등
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a business owner who engages in construction business under the trade name of “D” in Sinpo City C, and Defendant B is a person who is engaged in the operation of Emers.

Defendant

A is a safety and health manager who exercises overall control over affairs concerning the direction of work and safety and health of employees belonging to the subcontractor and the employees belonging to the workplace at the site of the construction of the F NEM facilities at a wooden city.

1. The owner of a business which is carried out in the same place as the business circumstances and actual injury of the Defendants, and in violation of the Industrial Safety and Health Act by the Defendants A and whose business activities are to be carried out under a contract by separating a part of the business therefrom shall take measures to prevent industrial accidents, such as the installation of safety and health facilities, etc. when his/her employees carry out work at a place where there is a risk of industrial accidents, such as the collapse of earth and sand, fire, explosion, fall or falling, etc

On August 7, 2017, around 09:40, the Defendants performed the “slighting work” connecting the steel beam columns at the construction site located in G at a wooden city, and Defendant A supervised the work at the site, and Defendant B moved four sn beam lines by using sckes.

At the time, the victim H was engaged in the business of cutting down both of the sn beam with workers at the sn beam line fixed, and the sn beam is installed in the sn beam. In such cases, the defendant supervising the field of the hn beam in such a manner that the sn beam line is cut off to the sn beam, and if not, the hn beam should not be cut off to the sn beam, and measures should be taken, such as ensuring that workers are sufficiently cut off from the sn beam in preparation for the falling of the sn beam line, and the defendant B, who operates the sn beam, has the duty of care to check whether the sn beam was cut off to the sn beam, and to prevent accidents, such as the workers, from entering the sn beam in the light of the sn beam.

Nevertheless, Defendant A.

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