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(영문) 청주지방법원 2016.10.25 2016고정141

산업안전보건법위반

Text

Defendant

A and Defendant B shall be punished by a fine of 5,000,000 won.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is a person who is the site director of the KJ Factory Construction Corporation B, which has been subcontracted with the steel framed among the construction sites of the JJ Factory Construction Project in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and the defendant B is a business owner who has been subcontracted with the steel framed Construction Project Co., Ltd. in the above JJ Factory Construction Project site.

1. Defendant A is a person engaged in safety management as a field director.

On April 17, 2015, the Defendant: (a) around 09:30 on April 17, 2015, at the construction site of the 09:30, ordered K to carry out painting work using a pool (a device used in carrying out painting work at high place or internal painting work) on a steel frame and a roof steel frame.

In such cases, safety measures should be taken to pay safety belts to workers so that they can wear protective outfits and work.

Nevertheless, the Defendant, without taking such safety measures as above, had the said K carry out work without wearing a safety belt, and caused the death of the core function due to the suspension of cardiopulmonary function due to the rise of two internal pressure around April 26, 2015.

2. The Defendant, at the same time and place as in the preceding paragraph, was the Defendant’s employer, and the Defendant committed the above violation in relation to the Defendant’s business.

Summary of Evidence

1. Each legal statement of witness L and M;

1. A report on the occurrence of a serious accident;

1. A report on the results of supervision and a statement of name of disaster investigation;

1. Statement of disaster investigation;

1. The Defendants and their defense counsel asserted that they were taking safety measures under the Occupational Safety and Health Act. However, according to Article 186 of the Rules on the Standards for Occupational Safety and Health, business owners should have employees wear protective outfits, such as a safety cap, safety belt, etc. In the case of Defendant A, according to the above evidence, the Defendants shall have employees wear a safety belt.