beta
(영문) 서울중앙지방법원 2014.03.12 2014고정12

산업안전보건법위반

Text

Defendant shall be punished by a fine of five million won.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

The Defendant is a corporation that runs a service business, such as building management, in Yeongdeungpo-gu Seoul Metropolitan Government, and is the business owner who performed the work on September 14, 2013 after being entrusted with the cleaning of external walls of the Seoul Gangnam-gu Seoul building, the building management service business chain, and D is the representative director of the Defendant, who is responsible for all safety and health matters concerning the cleaning of the outer walls of the building performed by the Defendant in the above building C.

Around 10:00 on September 14, 2013, D, the representative director of the defendant, was the industrial accident in which E, a worker of the defendant, was cut off from the roof of the above C building (6th, height 21m) and was cleaning the outer wall, and was killed due to two parts by falling off the upper floor of the 15m height from the outer wall of the 4th floor of the height of 15 meters from the outer wall and falling down the upper floor of the 15m parking lot, and was in danger of falling, the business owner did not take measures to prevent the fall risk if the worker might fall at the place where the worker might fall. However, E, a worker of the 6th height of the building, such as E, which was put in the cleaning of the outer wall of the C building, did not take measures to prevent the fall risk, such as wearing of a safety stand, on the outer wall work performed by hanging it into the upper part (222m in diameter).

Summary of Evidence

1. Legal statement of defendant representative director;

1. The police statement concerning F;

1. Report on the occurrence of each serious accident;

1. A written opinion to investigate serious accidents;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Articles 71, 66-2, and 23 (3) of the Occupational Safety and Health Act concerning criminal facts;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;