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(영문) 울산지방법원 2016.05.12 2015고단3089
업무상과실치사
Text

Defendant

A Imprisonment for eight months, Defendant B, and Company C shall be punished by a fine of five million won.

Defendant

B The above fine.

Reasons

Punishment of the crime

The Defendant, “2015 Highest 3089” (Defendant A) operated E in Ulsan-gun D, a person who actually runs a construction business, such as solar installation, while operating the E, and was in charge of the safety management of the employees under his control as a field manager who overalled and managed the installation of solar power plants in the G farm in the Gangnam-gun F, Gangwon-do.

On July 2, 2015, the Defendant, at the above construction site around 17:00, ordered workers H (34) to install solar strings on the roof structure of the stable with a height of about 10 meters, and there was a place where employees are at the risk of fall and death during their work. As such, the Defendant, who is in charge of safety management at the business owner’s interest construction site, has worn safety strings to employees at a place at a height of at least 2 meters high to fall risk of fall, should install equipment, etc. to safely string the strings. In the event that employees are likely to suffer danger, such as launchings at the above roof, such as slates, lines, and so on, he/she had the duty to take safety measures, such as the duty to take safety measures and the duty to take necessary measures, such as the duty to take safety measures, to prevent danger, such as installation of a 30cm or more or the duty to take safety measures.

Nevertheless, the defendant did not perform the above safety measures and neglected to perform his duty of care, and caused the victim to perform anti-aircraft work, and as a result, the injured person fell into the floor during the work and caused the death of the injured person due to brain damage at the site.

Defendant B is the representative of the Dispute Resolution Co., Ltd., and Defendant B is the business owner of a corporation established for the purpose of construction business, etc.

1. Defendant B, on May 2, 2015, ordered installation of a solar power plant at G farm located in the Gangnam-gun F, Gangwon-do, and ordered installation of a solar power plant at the same place as E, the actual operator.

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