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(영문) 부산지방법원 동부지원 2014.05.14 2013고단3219
산업안전보건법위반등
Text

Defendant

A Imprisonment of six months, Defendant B’s fine of KRW 1,00,000, and Defendant C’s fine of KRW 1,000,000, respectively.

Reasons

Punishment of the crime

Defendant

B as an internal director of C, the company is responsible for managing and supervising the entire workplace, including safety management, as a person who has been awarded a contract for the construction of a factory site for Busan-gun D, and is engaged in construction work. Defendant A is a corporation established for the purpose of soil construction business, etc. under a subcontract for stone construction work, which is a part of the above construction work, from Co., Ltd., and is a tin-certified victim E (the age of 67) and a F (the age of 32) who is employed and carried out as a participant.

1. Defendant A, at around 15:30 on May 2, 2013, operated the above factory site at the construction site, and the G excavation searcher, which is the construction machinery for vehicles, had attempted to transport and excavate stones necessary for the victims to stack a stone.

As above, in the case of performing work using construction machinery for vehicles, there is a risk that the construction machinery is in excess of the construction machinery, and there is a risk that the workers are different from the parts attached to the scirls, so sufficient safety inspection of the scirls shall be conducted, in advance, after preparing a work plan including the type, performance, operating route, and working method of the relevant machinery, taking into account the results of the investigation, and in order to have workers enter the work within the scope of the work, an guide shall be placed in advance and an employee shall be provided with protective outfits, such as safety caps, etc.

Nevertheless, the Defendant neglected to do so and did not install safety pins in a ton of the weight installed in a boomer boom, and boomed around the victim E without installing safety pins, and caused the boom to fall off to E, and again caused the victim F to go off.

The Defendant’s negligence in the course of business as above is about 16:30 on the same day due to the damage of the victim E’s diversity.

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