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(영문) 서울중앙지방법원 2016.06.22 2016고단2751

산업안전보건법위반

Text

Defendant

A and C Imprisonment for six months, and Defendant B for a fine of four million won, respectively.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

C It is a personal constructor who has been awarded a contract for a string (e.g., duplicating, duplicating, etc. at the time of dubing bricks, etc.) among the “new construction works of the Dongjak-gu Seoul Metropolitan Government E-Ba,” a contractor through A, and is a person in charge of the safety and health affairs of his employees, Defendant A is a personal constructor who performs the above E-Ba new construction works and manages and supervises the safety and health affairs of his employees, and Defendant B is a site of managing and supervising the construction site of the E-Ba, which belongs to Defendant A.

1. On August 26, 2015, around 16:20 on August 26, 2015, the victim F (60) was a worker employed by the Defendant C for daily use, and around 16:20 on the part of the Dongjak-gu Seoul Metropolitan Government E-Ba New River Construction Project, with Defendant, G, etc., doing snow work (a cement cutting work between other bricks) at a height of about 10 meters installed on the third floor outer wall of the building.

The business owner shall install a reinforced structure with sufficient strength to take measures for protection, such as safety railing and vertical fall telescopes, at places where workers, such as a work plate, are at risk of fall, and where it is very difficult to install a rail, etc. or it is necessary to dismantle temporary railing, etc. due to the necessity of work, he/she shall install a safety watch, and where it is difficult to install a safety watch, he/she shall require workers to wear a safety belt.

Nevertheless, the Defendant did not take necessary measures to prevent industrial accidents as above and caused the death of the injured party who was engaged in snow work on the outer wall of the third floor of the building to the floor. From August 27, 2015, around 05:00 to August 27, 2015, the Defendant: (a) at the Central University Hospital located in Dongjak-gu Seoul Metropolitan Government Black-ro 102, the Defendant caused the victim to the severe shock caused by the diversic shock during treatment.

2. Defendant A

(a)in the event of a contracting project, take place at the same place as the safeguards has not been implemented;