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(영문) 대전지방법원 2016.01.15 2015고단3518

산업안전보건법위반

Text

Defendants shall be punished by a fine of KRW 1,500,000.

Defendant

If A and C fail to pay each of the above penalties, each of them shall be 100.

Reasons

Punishment of the crime

1. Defendant A is a site warden of the 'E Apartment Construction Work' inside and outside of the site, and is in the position to take safety and health measures necessary for preventing industrial accidents to his/her employees.

When the defendant installs a work launching at a place where the height of the vision is at least two meters, he/she shall connect or fix the work launching to at least two support points so that it does not lower or lower the work launchings.

Nevertheless, around 15:00 on March 28, 2015, at the 'E apartment 1003.3 3 and 4 'New Building Construction Project' installed a work plate to close stone on the site, and due to the failure to fix the work plate on the side of the outer wall of apartment buildings, FF fell from the height of 3.6 meters at a 3.6 meters from the work board and caused an accident requiring medical care for at least 187 days.

2. Defendant B, who was the Defendant’s user, did not perform the obligation to take safety measures to prevent industrial accidents, such as “Paragraph 1” in relation to the Defendant’s business, thereby causing industrial accidents.

3. Defendant C is a general safety and health manager who comprehensively manages the safety and health affairs necessary to prevent industrial accidents of workers employed by himself/herself and workers employed by himself/herself, as the site manager of “E apartment construction project” under the jurisdiction of Defendant C, a general manager of safety and health management.

A business owner who awards a contract for part of a project carried out at the same place shall take measures to prevent industrial accidents when a person employed by the contractor carries out work at a place where there is a risk of industrial accidents as prescribed by Ordinance of the Ministry of Labor.

Nevertheless, the defendant did not perform his duty to take safety measures to prevent industrial accidents at the place where industrial accidents are likely to occur, as described in paragraph (1) above.