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(영문) 창원지방법원 통영지원 2020.05.07 2019고단1440

산업안전보건법위반등

Text

Defendant

A Imprisonment for one year, each of the defendants B and C shall be punished by a fine of 2,00,000 won.

Defendant

B above.

Reasons

Punishment of the crime

Defendant C Co., Ltd. (hereinafter referred to as “Defendant C Co., Ltd.”) whose purpose is to carry on construction business is a business owner who carries out construction works using six workers from July 2, 2019 to September 20, 2019, under a contract with D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D

Defendant

B is a person in general charge of safety and health who is the representative director of the Defendant Company and works at the site of the instant construction site, and is responsible for the safety and health of the entire employees employed therein.

Defendant

A as the representative of F (head office in Jinju) for the purpose of the construction business, is a business owner performing the construction business with five workers from July 8, 2019 to September 20, 2019 after being awarded a contract from the Defendant Company for the construction business during the instant construction business, and is a person responsible for the safety and health of his employees, who takes overall charge of the said construction business and takes charge of the safety and health of his employees.

The deceased victim H (hereinafter referred to as "victim") is a worker employed by the defendant A.

1. On July 9, 2019, Defendant A instructed the victim (son and 50 years of age) to install a work plate at the site of the instant construction work.

In such cases, a business owner shall install a strong structure with sufficient strengths to take protective measures, such as safety rails, fences, vertical crashs, covers, etc. at a place where the workers might fall down, as the end or opening of the work plate and passage, and have the duty to pay safety belts to workers engaged in work at a place where there is a risk of falling at least 2 meters in height, height, or depth, and to have them wear safety belts for workers engaged in work at a place where the objects might fall or fall down.

Nevertheless, the defendant neglected this and work at a place where there is a risk of falling the victim.