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(영문) 울산지방법원 2015.11.12 2015고단2170

산업안전보건법위반등

Text

Defendant

A Imprisonment for eight months, Defendant C's imprisonment for six months, Defendant B's and D's fine for each of the seven months.

Reasons

Punishment of the crime

Defendant

A A is a person who works as the site manager at the F New Construction Work site in Ulsan-gun, Ulsan-gun, Ulsan-gun, where the amount of construction work of B is KRW 640,2200,000 of the construction work of D Co., Ltd., and acts as a business owner for the safety and health of his employees. Defendant B is a corporation established for the construction business in Busan-gu, Busan-dong, and Defendant C works as the site manager of D Co., Ltd, and acts as a business owner for the safety and health of his employees and contractors. Defendant D Co., Ltd is a corporation established for the construction business in the Nam-gu, Ulsan-gu, and the third floor, and the victim J(48) is a worker who works as a steel structure at B Co., Ltd.

1. The business owner of the defendant A shall not use a mobile stude to transport workers or have workers engaged in work in a state of carrying workers by carrying them away, and shall install a structural reinforced with sufficient strengths to take protective measures, such as safety intervals, fences, vertical fall net, cover, etc. in the places at the end or opening of the work launch plate and passage, where workers might fall down;

Nevertheless, at around 12:58 on March 13, 2015, the Defendant, at the construction site above, had the victim install steel-frames in the steel pole at a height of about 10 meters from the 10-meter radius, which is likely to fall down, and is likely to fall down, without taking protective measures, such as safety distress.

Ultimately, the Defendant did not take the necessary safety measures as above, and at the same time and place in violation of the duty of care with the same contents, caused the victim to lose the center of his body at the above time and place and fall on the floor below about 10 meters, and caused the death of the victim by a low-tension shock by rain booms and liver heat, etc. around 17:20 on the same day.