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(영문) 창원지방법원 2016.06.16 2015고단3106

산업안전보건법위반등

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, by a fine of three thousand won,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant B, Inc., the comprehensive construction business chain in Busan Shipping Daegu D, and Defendant B is the person in charge of safety and health management at the construction site of commercial buildings where the construction company was conducted from May 13, 2015 to Kimhae-si E.

1. Defendant A

A. On August 9, 2015, the Defendant violated the Victim F’s Death and bodily injury, and Industrial Safety and Health Act (hereinafter “Defendant”) caused the Victim F (hereinafter “F”) to remove construction materials, such as cement mortars, from a person employed by the Defendant at the same construction site on August 13:05, 2015.

In this case, in order to prevent the falling risk of workers, the defendant had a duty of care to prevent the fall accident in advance by installing a safety rail at the main stairs slot box, and by having workers wear personal safety equipment, such as safety caps.

Nevertheless, the Defendant neglected this and caused the victim to fall down on the floor below 2.5 meters from the stairs between the first and second floors, where the victim transported cement mortar due to occupational negligence, such as not having a safety rail installed but not having the victim wear safety mortars when he carries cement mortars using internal stairs of not less than 1m height of the building in the construction of the said new building.

Ultimately, due to the above occupational negligence and non-performance of the obligation to ensure safety, the Defendant caused the victim’s death while receiving medical treatment from H hospitals located in G in Kimhae-si on August 9, 2015.

B. A business owner violating the Industrial Safety and Health Act due to failure to take safety measures shall install a structure with sufficient strengths to take protective measures, such as safety railing, fences, vertical fall-off nets, etc. at the end, openings, etc. of a work plate and passage, which is a place at which employees might fall, and where material objects fall or are likely to fall, a network for the prevention of falling objects shall be installed.