beta
(영문) 의정부지방법원 2017.08.23 2017고단332

산업안전보건법위반

Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is a person who has been subcontracted out of an apartment repair project that he/she contracted out by C from F apartment, and is a person in charge of managing the safety management and health management of workers, who has been re-subcontracted by G, a company that has been subcontracted out of the external apartment repair project.

Where a business owner establishes a monthly vision, he/she shall install a safety belt and life rope in the vision of the month in order to prevent workers from falling danger, and where he/she has workers work on the monthly vision, he/she shall repair the vision of the month prior to commencing the work, after examining the status of the connected or connecting part, the state of the damage or corrosion of the connected or connecting materials and hardware, the state of attaching a lifts, the state of sciring of the shoulder, etc.

At around 10:50 on July 30, 2016, the Defendant: (a) at the scene of defective repair works of F apartment housing 3403, and (b) at the workers’ network H, the Defendant did not require the above H to wear a safety belt at a height of 50 meters; (c) before the commencement of the work, the Defendant did not check and repair the condition of the connection department and connection part of the base line; (d) the damage or corrosion condition of the connecting department and connection part of the connected part of the month; (e) the condition of the attachment of the lines; and (e) the marks of the string system; and (e) the cleaning height at which the string line was fixed; and (e) caused the death of the Defendant by falling off the first floor of the ground floor by releasing the string.

2. Defendant B is the representative director of C, and Defendant B is the person who has overall control over safety management and health management of workers at the construction site of apartment repair works contracted by C from F apartment.

The business owner who operates a business under contract by separating part of his/her business at the same place shall be an industrial accident that occurs when his/her employees and those employed by his/her contractor work at the same place with the risk of fall.