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(영문) 창원지방법원 2016.09.01 2016고단1950

산업안전보건법위반

Text

Defendant

A Imprisonment for 8 months, Defendant B shall be punished by a fine of 5,00,000, and Defendant C shall be punished by a fine of 6 months, respectively.

Reasons

Punishment of the crime

[Status of the Defendant Co., Ltd. (hereinafter “B”) is an electrical construction company with its head office in Kimhae-si, and Defendant A is a representative director in B, who exercises overall control over the safety and health management of the employees under his control, and Defendant C is a management director in B.

[Specific Crime]

1. On December 10, 2015, Defendant A contracted from E Co., Ltd. to “construction works for the extension of diversating and power distribution teams” in the Ejin-si F in Kimhae-si.

The victim G(53 years of age) is a worker of B, and from January 1, 2016, from around 09:00, the victim G was engaged in the removal of cables from the upper part (10 meters high) of the ceiling cream with the car cream inside the Jin factory.

A business owner shall provide workers engaged in work at risk of falling with protective outfits, such as safety caps, to wear them in more than one worker, and take measures to prevent falling risk, such as having workers wear safety belts, when it is impracticable to install a work tag or safety watch, and have a supervisor monitor the status of wearing safety belts and safety caps while on duty.

Nevertheless, the Defendant did not require the victim to wear safety caps and safety belts, leaving the scene by the supervisor C, and did not monitor the wearing condition. On January 1, 2016, the Defendant moved the victim to the sloping beamline outside the knife string of the knife, moving the knife to the knife knife knife of the cable while removing the cable from the knife.

Accordingly, the Defendant, as the representative of B, violated the duty to take safety measures with respect to the duties of B, caused the victim to die due to the injury and injury, such as the dubation of two traumas during hospitalization at H Hospital around 11:23 January 2016.

2. The Defendant C is a field manager of the “Installation Work for the Change of the E Jinyoung Factory and the Extension of the power distribution team.”

The defendant shall be as described in paragraph (1).