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(영문) 대구지방법원 경주지원 2017.07.19 2017고단269

산업안전보건법위반

Text

Defendant

A shall be punished by imprisonment with prison labor for six months, by a fine of five thousand won,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a business owner who has contracted the “C Corporation” from the Korea Electric Power Corporation in KRW 9,644,439,675 and Defendant A was a person in charge of the said Corporation’s site.

1. Defendant A is a person in charge of the field management of matters concerning safety and health of workers B who work at the above construction site and who acts on behalf of the above company as a business owner.

Where material objects fall or are in danger of falling off due to work, the business owner shall take measures necessary to prevent danger, such as the installation of a water-prevention net, the designation of an area where access is prohibited, etc., and shall prepare a work plan including measures to prevent danger, such as falling off and unloading, transportation, machinery, etc., or handling heavy objects, and shall inform workers of such plan.

Nevertheless, on September 23, 2015, the Defendant: (a) performed the work of installing a voltage of at least 150 km using a live line, which is a motor vehicle loading and unloading transporting machinery; (b) did not prepare a work plan that does not take measures to prevent danger, such as falling-off, etc.; and (c) did not take necessary measures to prevent danger, such as the installation of a water-prevention net, the establishment of an area subject to prohibition of entry, etc.; and (d) did not take measures to prevent danger, such as falling-off, etc., caused the fall of the pressure and

2. The Defendant Company B, as described in the above 1. paragraph, had A violate the duty to take safety measures against workers in relation to the work of the Defendant Company, and the pressure of the Defendant Company fell and caused workers D to face.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. A complaint, petition, the first application for industrial accident medical care, medical care benefits, and benefits for suspension (the first application), the confirmation of the payment of each insurance benefit, the contract to change the construction work, the certificate of registered matters, and all of the applications;