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(영문) 수원지방법원 2015.07.09 2014노7040

산업안전보건법위반등

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for eight months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The instant accident caused the death of Defendant C, D, E, and 1 by mistake of facts or misapprehension of legal principles, or the victim K K, was caused by the part of the structural construction performed under the direction of Defendant A, which was the site manager of the E Co., Ltd., and Defendant C, D, who was the employees of the E Co., Ltd., in spite of having ordered the E Co., Ltd to perform construction by complying with the safety management rules, it is unreasonable to hold Defendant C, and D accountable for the supervisory responsibility of the provisions of the Occupational Safety and Health Act and for the occupational negligence of the Criminal Act. Even if Defendant C and D are responsible for the above affairs, E Co., Ltd is held liable for the joint penal provisions even though they were thoroughly supervised and supervised for the prevention of industrial safety accidents. Thus, it is unreasonable to hold Defendants C and D accountable for the responsibility under the joint penal provisions, such as thoroughly supervising and supervising all the facts charged against the Defendants, and there is an error of misunderstanding of legal principles or misapprehension of legal principles.

B. The Prosecutor’s sentence against Defendant A, C, and D (Defendant A: fine of KRW 5,00,000, Defendant C, and Defendant D: each fine of KRW 3,000,000) of the lower court is too uneased and unreasonable.

2. Determination

A. A violation of Articles 66-2 and 23(3) of the Occupational Safety and Health Act against a business owner of the relevant legal doctrine regarding the assertion of mistake of facts or misapprehension of legal principles is committed, such as ordering a business owner to take a work with danger of safety under Article 23(3) of the Occupational Safety and Health Act at his/her workplace operated by him/her without taking safety measures as prescribed by the rules, or neglecting such work even though he/she is aware of the fact that such safety measures have not been taken.