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(영문) 부산지방법원 2017.12.20 2016고단8063

산업안전보건법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a business owner who operates the manufacturing business under the trade name “C” in Gyeongyang-si, Chungcheongnam-si, the Defendant is a person in charge of safety and health management on the site of the construction site of the integrated construction site of “E” located in the Busan-gu, Busan-gu.

In the course of dismantling a building, etc., a business owner shall conduct a prior investigation into the relevant work, the topography, ground, and ground condition, etc. in the relevant place of work, and prepare a work plan in consideration of the results of the investigation, in order to prevent any danger to workers, and shall take measures necessary to prevent any danger, such as installing a light at least 30cm in width, or impairing a safety protection net, if it is apprehended that any worker might engage in the work on the roof cover with weak materials, such as asbestos slate, etc., and shall ensure that he/she wear a sublease to workers who work at a place with a risk of falling at least 2 meters in height, in order to prevent danger to workers.

Nevertheless, on April 10, 2016, in order for the Defendant to conduct the work of ordering the replacement of the diverse safety light and delivering materials by the victim F (57 tax) who was working at the above construction site at the above construction site, the Defendant did not provide a work unit to secure the work height by failing to prepare a field investigation and work plan in advance, despite the fact that the above F did not work at the same height as the replacement work site, and even though the F did not take safety measures such as installing a diverse board or installing a safety net at a height of about 7 meters adjacent to the above F, or paying safety divers to the victim, the Defendant fell below 7 meters and the victim fell and caused the death of the diverse in Busan National University in Seo-gu, Seo-gu, Busan National University on the same day due to the 11:26th day.

Summary of Evidence

1. Prosecutions against the Defendant.