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(영문) 울산지방법원 2016.06.30 2016고단723

산업안전보건법위반등

Text

Defendant

A Imprisonment without prison labor for 8 months, 5 million won for Defendant B, and 8 months for Defendant C and Defendant D.

Reasons

Punishment of the crime

Defendant

The Dispute Resolution Co., Ltd. is a corporate owner established for the purpose of the electric construction business, etc. in Yangsan-si, Chungcheongnam-si, and is awarded an order of KRW 660,00,00 for the new construction of a factory in 55-gil, Nam-si, Yangsan-si, Seoul-si, and Defendant A is the representative director of the Dispute Resolution Co., Ltd., and Defendant A is a person in charge of the safety and health of his employees and contractors, and Defendant C is a business owner engaged in the internal and external construction business with the trade name of H, who has been awarded a contract from Defendant A for the construction of the board, etc. during the above construction work, and Defendant D is an operator of the complaint work vehicle and the victim J (53) is a worker employed by Defendant C.

1. The responsibility for the death of the victim A, C, and D

A. On October 21, 2015, the Defendants’ failure to take safety measures, or Defendant C’s occupational division and office 1) had the victim on board the wall of the fourth floor building with a height of about 14 meters on the part of the victim, on board the victim at the scene of the Newly constructed construction work site, around 09:07.

In the event that an employee is engaged in the work by using an accusation platform at a place where the risk of falling is likely to fall, the principal employer of the business shall conduct a prior survey of the topography, ground, and geographical layers in the relevant work site in order to prevent the danger of workers, and shall prepare a work plan which includes the measures to prevent danger, such as fall, fall, fall, electric power failure, narrowness, collapse, etc., operation route and work methods, and shall instruct the employee to conduct the work in accordance with the work plan, and shall designate the person who is in charge of the work to command the work in accordance with the work plan. There was a duty to take safety measures to require the employee to wear protective outfits, such as sublet, etc., and a duty to exercise the same duty of care.

Nevertheless, the defendant prepared a work plan or the conductor.