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(영문) 수원지방법원 2018.12.14 2018고단5808

산업안전보건법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the actual representative of C with the purpose of manufacturing and installing the steel structure located B in the ethic City B, and is the safety and health management manager of the business owner who performed the said construction from April 30, 2018, using three full-time workers under a contract for the construction of the E manufacturing site in the ethic City from D around March 30, 2018.

1. On June 4, 2018, the Defendant, at around 13:45, in the part of violation of the Health and Safety Act, engaged in the installation of a steel structure of the sn beam beam in the construction site of the sn beam E at the construction site of the sn beam, and had the victim F ( South, 62 years old) of the person engaged in C’s work, who is the victim F, in the 6.8-meter height of 6.8 meters, install the sn beam structure on the steel structure of the sn beam structure at the second floor of 6.8 meters high. In such a case, the Defendant had a duty of care to take safety measures to prevent fall, such as the installation of a fall-protection net to prevent the employee’s decline, or a safety snick attachment to the employees

Nevertheless, the Defendant: (a) caused the death of the victim by his negligence while working on the upper part of the steel structure of the second floor in the instant steel structure without installing a crash protection net or safety string system on the said steel structure; and (b) caused the death of the victim, such as the blood mouth, while moving the string.

2. Parts concerning violation of the Industrial Safety and Health Act

A. On June 11, 2018, the Defendant did not install a rail at the right side of the site, the right side of which is a place at which E is located, and the retaining wall side of the back side, at the site of a new construction project where E is at risk of fall.

B. The Defendant did not take necessary measures to prevent the risk of collision with workers by failing to install a mound or a mound prevention device with respect to two (2) accusation work units in the same date and at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Defendant, G, H, and .