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(영문) 부산지방법원 2013.12.18 2013고단5325
업무상과실치사
Text

1. Defendant A and B shall be punished by imprisonment without prison labor for not less than eight months;

However, this judgment has become final and conclusive against the above Defendants.

Reasons

Punishment of the crime

1. Defendant C (hereinafter referred to as “D”) operated by Defendant C following the occurrence of an industrial accident was subcontracted with the fire-fighting machinery part of the fire-fighting equipment part of the fire-fighting equipment part of the fire-fighting equipment part of the Ma-gu L (M) in Busan, which was operated by Defendant E (hereinafter referred to as “F”).

Defendant

Defendant H Co., Ltd. (hereinafter “H”) operated by G was awarded a contract for reinforced concrete construction works from N, an incorporated foundation.

Defendant

around 10:20 on March 18, 2013, Defendants A, B, etc., a worker of H, had been engaged in the removal of steel erop pumps (one mp, 40cc x1.2m mp) installed on the second floor of a new building in the new construction site of M.

Defendant

A, instead of moving the metal pumps removed from the above second floor to the first floor, he administered the water pumps to the first floor, and B, who supervised the construction site at the time, did not appoint a separate supervisor on the first floor or prohibit other persons from having access.

At this time, the victim's O (31 years of age) who is the employee of the defendant D was moving from the first floor of new building site to the outside, and the defendant A was used for the head of the bar.

The victim immediately moved to a nearby P Hospital, but died of cerebral species around 17:18 on the 22th of the same month.

2. Defendants A, B’s occupational negligence, death and injury, Defendant G, and H’s violation of the Occupational Safety and Health Act were responsible for safety of on-site workers as a person in charge of safety and health management at the construction site.

Defendant

G takes measures necessary for the prevention of danger, such as the installation of proper slots, placement of monitors, etc., when projecting an object from a place with a height of at least three meters, and there is a duty under the Occupational Safety and Health Act to prohibit persons other than the workers concerned from entering such place by installing fences, etc., and Defendant A and B.

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