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(영문) 수원지방법원 여주지원 2013.05.13 2013고단15

산업안전보건법위반등

Text

Defendant

A Imprisonment for one year, Defendant B is punished by a fine of KRW 5,00,000, and Defendant C is punished by a fine of KRW 7,000,00.

Reasons

Punishment of the crime

Defendant

A is a director of the construction site of the “H” development project performed by Defendant C Co., Ltd. (hereinafter “C”) in Gyeonggi-gu G, and a person in charge of safety and health management who controls and manages the field affairs; Defendant C is a business owner who establishes the head office in Gangnam-gu Seoul Metropolitan Government I and Defendant B, who engages in construction, etc. in the above site at the above site; and Defendant B, who received daily allowances from the above construction site and received work

1. Defendant A

A. Violation of the Occupational Safety and Health Act and occupational injury caused by breach of the duty to take safety measures are used only for the main purpose of the machine, and there was occupational duty to designate a person who directs the work to set the order of work and direct the work so that workers do not change.

Nevertheless, the Defendant neglected this and carried out construction as an excellent pipe by using the tamper, which is the construction machinery of the vehicle at the above construction site on August 9, 2012 and moving the ground-breaking construction and weight, without any on-site work commander, and caused death at K Hospital around 09:58 on August 11, 2012, when the victim J (66 years old) who is an employee belonging to the Defendant carried out co-acsing the ground-breaking construction to connect to the excellent pipe at a place where the tacker is installed after the ground-breaking construction, while B was trying to carry out treatment by using the tack to connect to the excellent pipe, as described in paragraph (2) below.

At the same time, the Defendant violated the duty to take safety measures and conspired with B, thereby causing the death of the victim through occupational negligence.

(b) No person who has violated the Occupational Safety and Health Act due to damage to a site where a serious accident occurred shall interfere with the investigation into the cause of a serious accident by damaging the site;