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(영문) 수원지방법원 성남지원 2018.03.15 2016고단4252

산업안전보건법위반등

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1. Defendant A and C Defendants are punished by a fine of eight million won.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

D Co., Ltd. is a corporation established for the purpose of the construction business by using 12 full-time workers in Dong-si in Gyeonggi-do, which is a contracting business owner who has contracted the construction of the G church located in Sungnam-gu, Incheon Metropolitan City to the company for the construction of the new G church. Defendant B is a site warden of the company D and is a safety and health management manager who exercises overall control over the safety and health management of workers at the construction site. Defendant C is a corporation established for the purpose of the construction business by using 6 full-time workers at the Nam-gu, Incheon Metropolitan City, which is a business owner who has received the supply of concrete construction works for the construction of the G church from Da and Defendant A is a site manager of the company at the construction site and is a

1. Defendant A’s joint crime committed by Defendant B and Defendant A, around 11:50 on September 8, 2016, included three floors in the fourth floor indictment in the instant G church construction site to the victim I (the victim’s 62 years of age) (hereinafter “Defendant A”) who had worked for the company C at the construction site of the said G church. However, according to the evidence duly adopted and investigated by this court, the victim was found to have worked on the fourth floor. Thus, even if the above correction was made without the amendment to the indictment, it cannot be deemed that the Defendants’ right to defense would be practically disadvantaged and thus,

10.5m from the outside vision of height to the outside vision of the rooftop of a building, the direction was given to install a spet shot.

Defendant

A as the safety and health management manager of C Co., Ltd., the main owner of the business employing victims, had a duty of care to strengthen the structure with sufficient strength to take protective measures, such as safety railing, at a place where a worker is at risk of falling during the work, and Defendant B, as the main owner of the contract, is at the risk of falling by workers employed by C, the contracted supplier, as the safety health management manager of D.