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(영문) 부산지방법원 서부지원 2019.05.31 2018고단1878
업무상과실치사등
Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

A as the representative director of the company B, is the person in charge of safety and health management at the construction site of the Gangseo-gu Busan metropolitan complex construction site, and Defendant B is the business owner of a corporation established for the purpose of reinforced concrete construction business located in the Kimhae-si, which was awarded a contract from D Co., Ltd. for the construction of the above new construction site and performed from September 26, 2017. Defendant C is the employee of D Co., Ltd in general and general charge of safety and supervision at the above site, and Defendant D Co. is the business owner of a corporation established for the purpose

1. On April 20, 2018, Defendant A and Defendant A caused the occupational injury, death, etc. of Defendant A by occupational negligence, and around April 20, 2018, around 09:30, the victim H (the 50-year-old age) was required to perform steel processing work at the site of the construction of the main complex.

In such cases, the business owner shall prepare a work plan to prevent danger to workers by weight, such as fall, fall, electric shock, narrow shock, collapse, etc., and have them work in accordance with such plan, and take safety measures, such as attaching products, materials, absence, etc. so that they do not go beyond, and when his/her workers in general charge of contracts work at a place where the machinery, apparatus, etc. are likely to collapse or collapse, the business owner shall take measures to prevent industrial accidents.

Nevertheless, the Defendants did not prepare a work plan to prevent danger to workers, and did not take measures to ensure work in accordance with the work plan, and neglected to take safety measures such as fixing the steel processing work unit to prevent the transfer of the steel.

The Defendants jointly neglect their duty of care as above and thereby belong to B Co., Ltd.

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