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(영문) 창원지방법원 2017.05.31 2015고단1272

산업안전보건법위반

Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of three million won for Defendant B.

However, the defendant A.

Reasons

Criminal facts

Defendant

B is a corporation established for the purpose of carrying on the business of distributing scrap iron with its head office in Haan-gun, Chungcheongnam-gu, Chungcheongnam-si, Changwon-si, a contracting business owner who performs construction works from November 13, 2014 to January 31, 2015 under a contract for the “G 2 factory and its affiliated building removal works” ordered by G corporation in Y. Defendant A is a representative director of the said corporation B, who is not only his employees, but also his employees, who is responsible for the safety and health of workers employed by the contractor.

1. Defendant A

(a) Where a project implemented in the same place consists of construction works specializing in a specialized field and is implemented, the business owner who is to grant a contract for all of the construction works specializing in a specialized field shall take measures necessary to prevent hazards, such as the installation of a safety light, or installation of a safety light net, if his/her workers employed by the contractor work on the roof at the risk of falling;

However, the Defendant, around November 17, 2014, given a contract for the removal of G 2 Factory and Affiliated Buildings to perform the removal construction work on the site of the “G 2 Factory and Affiliated Construction Work”, the Defendant did not take necessary measures to prevent the fall risk of the workers employed by the contractor, such as failing to install a work board to prevent the fall risk even though his/her workers employed by the contractor during his/her work.

(b) When a business owner establishes a stand for accusation, he/she shall take measures necessary for the prevention of disasters, such as that a worker has a stand for work, collision, etc.;

However, on January 20, 2015, the Defendant did not take necessary measures to prevent accidents, such as kids, collisions, etc., by using the accusation work unit at the construction site at the same time with a risk of disaster, such as workers' kids, and failing to install a kids or an kidsor prevention device in the work unit.

(c)

The owner of a vehicle shall be the driver.