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(영문) 울산지방법원 2017.09.14 2017고단2669
산업안전보건법위반
Text

Defendant

A Imprisonment for 6 months, Defendant C’s imprisonment for 4 months, Defendant B’s fine for KRW 3,00,000, and Defendant.

Reasons

Punishment of the crime

Defendant

D Co., Ltd. is a corporate owner established for the purpose of building construction business located in the F in the Kimhae-si, which was ordered by the “G (owner),” which is the place of the order, to build a factory building and a Dong construction business located in the H in Gyeyang-si (hereinafter “new construction business in this case”). Defendant B Co., Ltd is a corporate owner established for the purpose of manufacturing metal pressure products located in the I in the Kimhae-si, and subcontracted the construction of steel frame from D Co., Ltd.

Defendant

C As a field director of the D Co., Ltd., the person in charge of safety and health management for the employees under his control and the workers under his control is the representative director of the B Co., Ltd., and the victim J is the employee under his control.

1. Liability for death of a victim;

A. On January 22, 2017, Defendant A and Defendant C’s failure to take safety measures or occupational room (1) had the victim, who was employed at the construction site of the new construction project at around 12:19 on January 22, 2017, install a string operation to fix the beam beam connecting the steel beam at approximately 4.9m high (10cm in width) x5-X6 heat, Y4-5 heat above Y4-Y5, with a height of about 4.9m. (V).

As above, when an employee engages in work at a place where he/she is down or is at risk of falling or falling, he/she shall install a work plate or install a safety protection net by means of assembling the rains, etc., and in cases where it is difficult to install a work plate or safety protection net, he/she shall take necessary measures to prevent the fall risk, such as having the employee wear a safety belt, etc., and there was a duty to take safety measures to ensure that the employee, who wears a sublease inside of his/her employer, is engaged in the work by

Nevertheless, the defendant did not install a work plate or a safety room, and had the victim make a safety stand.

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