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(영문) 춘천지방법원 강릉지원 2017.02.08 2016고단1463

산업안전보건법위반등

Text

Defendant

A and limited partnership companies B shall be punished by a fine of 5 million won, and Defendant C shall be punished by a fine of 6 months, respectively.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A and Defendant C are the representative members of a limited partnership company B, the main business owner of which is a corporation established to carry out steel-frame concrete business, etc., and are in charge of overall management of affairs concerning safety and health of workers belonging to the above company. Defendant C is an employee belonging to the above company, who is engaged in driving construction machinery, and the victim F (67 tax) is an employee belonging to the above company, who is engaged in the business of classifying aggregate by manipulating strings.

Defendant

C around May 23, 2016, around 09:55, the aggregate extraction site located in the above company's location, the aggregate extraction site using the page, and the aggregate extraction site located in the original tampum by using it, and the aggregate transport by using the volume of 100 meters to transport the aggregate tamper within the tamper (2.8m in width, 5.5m in length, 2.8m in height).

In such cases, a business owner has a duty of care to safely conduct the work by preparing a work plan including the types, performance, route of operation, work methods, etc. of the vehicle meters, allowing workers to perform the work in accordance with the work plan, giving rise to the risk of accidents during the work, etc., and allowing the driver of the vehicle meters to perform the work in order to prevent the danger of workers, and by checking the location of other workers within the radius of the work and checking whether there is any other person within the scope of the work, or conducting the work in accordance with separate signal numbers, respectively.

Nevertheless, Defendant A did not take appropriate measures to prevent danger by giving workers notice of the risk of an accident during work, etc., and Defendant C does work to transport aggregate rocks.