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(영문) 인천지방법원 2016.06.17 2015고정1495

산업안전보건법위반등

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged C General Construction Co., Ltd. contracted the “New Construction Co., Ltd. E” located in Nam-gu Incheon Metropolitan City D from E, and subcontracted the part of the construction work of the above construction to F Co., Ltd., and F Co., Ltd. to G Co., Ltd., respectively.

The defendant is a person who is responsible for the safety and health management of workers as the site warden of the above C General Construction Site.

A business owner shall, when he/she works in a place where his/her employees are at the risk of falling, strong design and install a safety net in a structure sufficient to protect safety rail, etc., and where it is extremely difficult to install a rail, etc., he/she shall install a safety net, and where it is impracticable to install a safety net, he/she shall have a duty of care to take measures necessary to prevent a fall, such as installation of equipment, etc. to safely fasten the inside, if he/she wears a safety belt, and wears a safety belt.

Nevertheless, around 09:00 on November 17, 2014, H, the representative director of the Defendant and G Co., Ltd., did not take measures to prevent the danger of workers due to the fall of the E-Newly constructed construction site, such as safety rail, safety rail, safety net, and safety-based installation equipment, and had workers work for the victim I (55 years) and J (48 years old) who carried out the work of transporting and installing flass on the third floor of the steel frame of 14 meters high.

Ultimately, the Defendant and H jointly caused the tension of the foregoing occupational negligence in around 09:36 on the same day by the foregoing occupational negligence, thereby causing the tension of the tension, causing the injury of the saidJ, such as crushing of a flag, which requires approximately 14 weeks medical treatment, and not performing the safety measures obligation.

2. Determination

A. The defendant's protocol of interrogation of the suspect, each protocol of interrogation of the police against the defendant, and protocol of statements by each police against the defendant at this Court.