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(영문) 울산지방법원 2016.07.21 2016고단982
산업안전보건법위반등
Text

Defendant

A Imprisonment for 8 months, Defendant B's imprisonment for 10 months, and Defendant Fame Development Co., Ltd. for a fine of 5 million won.

Reasons

Punishment of the crime

Defendant

A A A A A A is a person responsible for the overall management of the safety and health of the site site at the “E Creation Project” site conducted on or around October 27, 2015 by S CC Engineering Co., Ltd. on or around October 27, 2015. The Defendant Fac Development Co., Ltd. is a business owner of a legal entity established for the purpose of picking and selling aggregate by setting up the site located in the 7-lane north-do, Chungcheongnam-si, Chungcheongnam-si, Yangyang-si, Yangyang-si, and the victim G (21 years old) is a driver of the F14 tons metric, and the victim G (21 years old) is a worker belonging to Fac Development Co.

1. Defendant A and Defendant B

A. Defendant A and Defendant B’s failure to take safety measures or occupational negligence 1) around November 27, 2015, Defendant A, at the above construction site around 12:50 on November 27, 2015, had Defendant B operate the above digging pool and moved aggregate accumulated at a height of about 210cc for reinforcement.

In such cases, in order to prevent the danger of workers due to the climatic work, the defendant, who is in charge of the management of the safety and health affairs, has a duty of care to investigate the topography and ground conditions of the relevant workplace, prepare a work plan including the route of operation, work methods, etc. in accordance with the plan, and have the same duty of care as the safety measures duty to prevent workers from having access to a place where workers are in danger of facing the danger of workers due to the contact with the climatic machine, and there was a duty of care to assign signal numbers to the place of work in order to prevent accidents that may occur due to the limited view of the driver at the time of the cli

Nevertheless, the defendant did not investigate the topography and ground conditions of the workplace, did not prepare a work plan, and did not prohibit the victim from entering the workplace, and did not place signal numbers at the workplace.

2) Defendant B is above the Defendant around November 27, 2015, and around 12:50.

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