beta
(영문) 창원지방법원 2016.11.24 2016고정985

산업안전보건법위반등

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, as the head of the site office affiliated with Yongsan SS Co., Ltd., is a person in charge of overall control over the safety control of the “site of the C Hospital Extension Works” located at the window B of Changwon-si, and the victim D (the age of 61) is a worker employed in the soil industry who was subcontracted to the outside stone work and human lighting ton work among the above C Hospital Extension Works from the Hanwon SP Co., Ltd. and subcontracted to the outside stone industry.

When an employee employed by the soil industry, a contractor, carries out work at a place at risk of falling, the Defendant, as the site manager of the Defendant Yong SS Co., Ltd., the contractor, the Defendant had a statutory and occupational duty to take necessary measures to prevent risks, such as installing safety belts safely and installing a safe passage to be used by workers at the place of work or a place of work.

Nevertheless, on March 10, 2016, at around 10:00, the Defendant neglected this and failed to take necessary measures to prevent the crash accident, such as without installing a safety belt attachment at a place where the crash risk is likely, and without installing a passage to safely move the floor above the outer wall development board in the above construction site B, and caused the victim to fall under the floor below 2.6 meters during the work.

Ultimately, at around 19:20 on April 3, 2016, the Defendant at the E Hospital around April 3, 2016, caused the victim’s death with “serious brain death” and did not take necessary measures to prevent industrial accidents.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of F by prosecution;

1. Each police statement made to G, H and I;

1. A report on the occurrence of serious accidents, a written opinion on investigation into serious accidents, and a statement on investigation into and reinstatement from serious accidents;

1. A death certificate;