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(영문) 창원지방법원 2016.04.28 2015고단2313

산업안전보건법위반등

Text

Defendant

A Imprisonment of 10 months, and Defendant B shall be punished by imprisonment without prison labor of 8 months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B is a person who operates the manufacturing business of machinery parts in the name of Kimhae-si, D, and is in charge of the field safety management of D factory extension works conducted at the above location. Defendant A is a person who has been subcontracted by Defendant B with the steel framed and team construction among the above D factory extension works, and is responsible for performing safety and health matters to prevent industrial accidents, and victim E is a worker employed by Defendant A.

Defendant

A on May 11, 2015, around 09:50, instructed victims E to install a roof board at a factory roof of 8.9m high.

Defendant

A as the victim E’s business owner, at a place where a worker is at risk of fall, A has a strong strength to take protective measures, such as ① safety railing, fence, vertical crashing, cover, etc., and ② had a statutory and occupational duty to take measures necessary to prevent such danger, such as installing equipment, etc. to safely walk the safety belt, and Defendant B had a statutory and occupational duty to take measures to prevent such danger, and Defendant B had a duty of care to take measures to prevent industrial accidents, when Defendant A’s contractor, who is the supplier of the contract, engages in the work at a place where he/she is at risk of falling.

Nevertheless, the Defendants neglected this and failed to take measures necessary for the prevention of crashs, such as safety railing, fence, vertical fall telescopes, or covers, and not installing safety light equipment, etc., on May 11, 2015, and caused the victim E to fall under the floor below 8.9 meters during the construction of the roof board at the above construction site at around 09:50 on May 11, 2015.

Ultimately, the Defendants are jointly engaged in the above duties.