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(영문) 부산지방법원 2020.11.27 2020고단3695

산업안전보건법위반등

Text

[Defendant A] The defendant shall be punished by imprisonment for ten months.

However, for two years from the date this judgment becomes final and conclusive, the above sentence shall be executed.

Reasons

Punishment of the crime

Defendant

B is the owner of the second floor house (the total floor area of 95.31m2) in Busan B, and the defendant A is the representative of the "E" located in Busan, the person in charge of safety management of the change of use of the above house.

1. On February 21, 2020, the Defendant had seven workers, including the Victim F (year 73) and Victim G (year 66) work at the construction site above at the above construction site on February 11, 2020.

In conducting dismantling works for buildings, etc., a business owner shall conduct a prior investigation into the relevant work, topography, ground surface, and ground surface in the relevant place of work, record and preserve the results thereof, and prepare a work plan in consideration of the results of such investigation and have it conduct work in accordance with the relevant plan, in order to prevent any danger to workers, and where any structure, building or other facilities pose a danger to collapse, etc. due to their weight, snow, wind pressure or other added load, the business owner shall conduct a safety evaluation, such as safety diagnosis, and remove the risk to workers beforehand.

Nevertheless, if the above housing building has been at least 40 years and works such as dismantling a bearing wall are likely to collapse, the defendant did not conduct a prior investigation and safety evaluation of the building, despite the risk of collapse, and did not prepare a work plan according to the result of the investigation and caused workers to carry out work, such as dismantling a bearing wall, etc. without changing the load, and collapsed the above housing building as it is, and caused the collapse of the victims.

Ultimately, the Defendant did not take necessary measures to prevent risks as above, and, at the same time, caused the victims to die due to the diversity damage on the same day on the same day.

2. A building with a total floor area of less than 200 square meters and less than three floors.