산업안전보건법위반
The prosecutor's appeal is dismissed.
1. Although the summary of the grounds for appeal is also deemed to have been in the position of the business owner of the “G Bogeumjari Housing District Construction Corporation” with I Co., Ltd. (hereinafter “I”), the judgment of the court below which acquitted the Defendant of the facts charged in this case on the contrary, is erroneous in the misapprehension of facts and adversely affected the judgment
2. Determination
A. The summary of the facts charged in the instant case is that the representative director of the D Co., Ltd. (hereinafter “D”) is a person responsible for safety and health management for workers belonging to the “G-si E and F’s construction works to remove the Bogeumjari Housing District (one construction section).”
D is a corporation established on September 1, 2009 for the purpose of dismantling or removing asbestos at H 408, Mansan-dong-gu, Manyang-si, which is a business owner under contract with I for 351,253,500 won for the “G Bogeumjari Housing Area Construction Works” (one construction section).
The J is a general manager of safety and health management for workers under his/her control and the contractor's workers as the site manager of the "G Bogeumjari Housing District Construction Project" performed by I.
I is a corporation established on May 2, 1980 for the purpose of construction in Songpa-gu Seoul Metropolitan Government, and is a business owner who performs construction works jointly with the defendant (90% of the equity ratio) in the amount of KRW 36,94,598,000 from LH Corporation to KRW 36,94,598,00.
The Defendant is a corporation established on May 10, 200 for the purpose of construction business in L at the time of resident stay, and is a business owner who jointly received the “G Bogeumjari Housing District Development Project” from LH Corporation in the amount of KRW 36,94,598,00 (10% of the equity ratio).
Pursuant to Article 23 (3) of the Occupational Safety and Health Act (Article 43 (2) of the Regulations on the Standards for Industrial Safety and Security), a business owner shall take measures necessary to prevent the collapse of workers, such as having them wear a safety belt, if it is impracticable for workers to install a rail, safety watch net, etc. at a place where the worker might fall, as a end or opening part of the work plate and passage.