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(영문) 부산지방법원 동부지원 2017.08.10 2017고단1186

산업안전보건법위반등

Text

Defendant

A and C shall be punished by imprisonment for one year, by a fine of five million won, respectively.

Reasons

Punishment of the crime

Defendant

C Co., Ltd. is a person in charge of safety and health as a site manager at the scene of “H extension construction” located in the Nam-gu Busan Metropolitan City G, which is performed by D, and Defendant D is a corporation established for the purpose of construction business, etc. and is a business owner performing

Defendant

A is the representative director of a corporation B who has subcontracted the installation of a board and a window for the above construction works from D, and the defendant corporation B is a corporation established for the purpose of construction business, etc., which is a business owner who has subcontracted the installation of a board and a window for the above construction works from D.

1. On December 15, 2016, Defendant A and Defendants C had the victim I (55 years) (55 years) wear a fall prevention unit (one name cobres), and attached a wall board on the fourth floor on the outer wall of the building at a height of about 11 meters, while the victim I (5 years) was working for the company B at the construction site at the above construction site.

At this point, the Defendants had a duty of care to prevent accidents by taking necessary measures to prevent falling risks, such as having workers wear a safety belt, if it is difficult to install a work plate by assembling a dog, etc., and having workers wear a safety belt if it is difficult to install a safety net.

Nevertheless, the Defendants neglected to do so and failed to take all measures to prevent the fall risk, such as wearing a safety belt to the victim or having the victim work using the accusation room, etc., and by negligence, the injured party separated the fall prevention unit from the vertical line during the work process, and tried to enter the inside through the building window, thereby falling on the ground below approximately 11m.

Ultimately, the Defendants jointly and negligently caused the said victim by occupational negligence on December 16, 2016.