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(영문) 수원지방법원 안산지원 2015.04.30 2015고단609

산업안전보건법위반

Text

Defendants shall be punished by a fine of seven million won.

Defendant

A or B fails to pay each of the above fines.

Reasons

Punishment of the crime

1. Defendant A is the representative director of the C&C corporation subcontracted by D Co., Ltd. among the “F apartment model housing model housing construction work”, which is in force in Gwangju-si, and is a person in charge of safety and health management to prevent industrial accidents for workers at the construction site.

Where the business owner shall, in conducting work at a place where workers might fall down, install a safety net to prevent the danger, and where it is difficult to install a safety net, he/she shall have workers wear a safety belt, and in such case he/she shall install equipment, etc. to use a safety belt.

Nevertheless, at around 15:30 on October 22, 2014, the Defendant had the victim G, etc. conduct the establishment of a gold panel at around 11.5 meters high from the 15:5 meters-meter roof at the site of the project site for the test of the above model hybrid, without installing a safety-proof net, and without installing facilities, etc. to use the safety belt to walk the safety belt to the victim while paying the safety belt to the victim, the Defendant caused the death of the victim due to serious brain damage, etc. on the same day by leaving the head away from the roof and facing the floor.

2. Defendant B is the chief of the safety and health management officer who is in a position responsible for the safety and health management for preventing industrial accidents of his/her employees and his/her employees, as the chief of the site director of the above F Model He/she is the Corporation.

A business owner who engages in part of a project at the same place by contract is obliged to take measures for the prevention of industrial accidents when his/her workers employed by the contractor work at a place where it is likely to fall.

Nevertheless, the defendant neglected to do so and belongs to C Co., Ltd. which received a subcontract for part of the Corporation from D.