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(영문) 부산지방법원 2018.09.14 2017고단2838

산업안전보건법위반등

Text

Defendant

A Co., Ltd. shall be punished by a fine of KRW 20 million, and Defendant A shall be punished by a fine of KRW 5 million.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. (hereinafter “Defendant Co., Ltd.”)

On May 12, 2016, the representative director C of the business owner entered into a contract for construction work with D with respect to the construction of living facilities near the building in Busan, Seo-gu E (hereinafter “instant commercial building”) (hereinafter “instant construction work”). From July 6, 2016 to August 12, 2016, the construction work was carried out to create the underground parking lot, etc. of the instant commercial building for 43 days from July 6, 2016 to August 6, 2016.

In order for a business owner to perform excavation works for destroying the ground, he/she shall prepare a work plan on the methods and order of excavation, the methods of removing earth and sand, etc. in consideration of the results of the investigation into the topography, ground and ground level, etc. of the work site, and shall have workers perform the works in accordance with such plan; and ② In cases where the risk of collapse is anticipated due to rupture ruptures caused by excavation, navigation, etc. in the vicinity of structures or similar facilities, the safety diagnosis, such as safety diagnosis, shall be conducted in advance to remove the risk of collapse.

Nevertheless, the business owner C, the representative director of the defendant company, was aware of the fact that the construction of the building of the commercial building of this case was carried out in the absence of measures.

The Defendant Company C, the representative director of the Defendant Company, committed the above offenses against the instant construction works, and Defendant A, as the site director of the instant construction works, was the general manager of safety and health, and Defendant C, his employee, committed the said offenses against the instant construction works.

Summary of Evidence

1. Legal statement of witness F;

1. A suspect interrogation protocol against Defendant A (No. 14, 2016)

1. Application of the standard contract for private construction works, business registration certificate, certificate for registered matters of the corporation, and written opinion on accident investigation;

1. Criminal facts;