산업안전보건법위반
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The gist of the grounds for appeal is that the instant accident place is irrelevant to the construction site because it is not necessary to limit workers’ access, and it is difficult to view that the place where a dump truck, etc. waits temporarily for the above work is excluded from the place where a dump truck, etc. is excavated or blasting, which is a place where measures for preventing industrial accidents under the Occupational Safety and Health Act
Furthermore, the instant accident originated from the Defendants’ failure to observe the occupational health and safety standards, such as the placement of sufficient safety personnel, and thus, the Defendants can be found guilty of all the facts charged.
Nevertheless, the judgment of the court below which acquitted the Defendants is erroneous in the misapprehension of legal principles.
2. Determination
A. Defendant A is a person in charge of safety and health management for his employees, as the field director of the “Top and Incidental Civil Works among the new construction projects,” located in the Dongducheon-si F performed by Co-Defendant B of the lower judgment.
Co-defendant B of the court below is a corporation established on October 1, 1999 for the purpose of civil engineering and construction works, etc. on the H 3th floor in Jeonju-si, Jeonju-si, which is a business owner who performs construction works with nine regular workers awarded a subcontract from Co-defendant D of the court below for the amount of KRW 2,792,00,000 from Co-defendant D of the court below.
Defendant
C is a person in general charge of safety and health for his employees as a field manager of the "G new construction project" in F in Dongducheon-si Co-Defendant D Co-Defendant F, Ltd.
Co-defendant D Co-Defendant D Co-Defendant 1 of the lower judgment was established on August 25, 1971 for the purpose of building civil engineering works and construction works in Gwangjin-gu Seoul Special Metropolitan City, and ordered in the development of the LAD industry, and was awarded a contract for KRW 68,313,920,00 and performed with 15 full-time workers.
On March 29, 2013, the earth and sand excavated in the above site around 07:24 is out of the place.