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(영문) 전주지방법원 2012.02.02 2011고단1632
산업안전보건법위반
Text

Defendant

A Imprisonment for one year, the defendant limited liability company B shall be punished by a fine of KRW 3,00,00, and the defendant C shall be punished by a imprisonment without prison labor for six months.

Reasons

Punishment of the crime

Defendant

C On May 18, 201, a person who was sentenced to a suspended sentence of 8 months by the Jeonju District Court for a violation of the Road Traffic Act (hereinafter referred to as the "driving") and was finally sentenced to a suspended sentence of 2 years on May 26, 201.

Defendant

A limited liability company B is a corporation established for the purpose of construction business, etc., and the construction of soil and water supply and drainage works from D Co., Ltd. among the construction of Kim Jong-si F Village Sewerage Maintenance Works. Defendant A is the representative director of the above company and the director of the above construction site and is responsible for the safety and health management of its employees. Defendant D Co., Ltd is a corporation established for the purpose of construction business, etc. and subcontracted part of the above F Village Sewerage Maintenance Works to B. Defendant C is a person who is responsible for the safety and health management of its employees and workers employed by B, the contractor, as the director of the above construction site.

1. On April 15, 201, at around 15:22, the Defendant: (a) had the victim H (60) who is an employee of the Defendant (hereinafter “G 1D”) perform excavation works for the installation of a high gG double wall duct at the site of the F Village Sewerage Maintenance Work; (b) when excavation works are likely to cause hazards to workers due to the ground collapse or the falling of earth and rocks, the Defendant must take necessary measures to prevent hazards, such as the installation of earth blading works, prohibition of workers’ access, etc. in advance; (c) however, without taking necessary measures to prevent such hazards, caused the victim to collapse of soil stations in the place where there is no soil breath; and (d) immediately cover the victim, thereby causing the death of the victim.

2. The Defendant B, at the same time and time as the preceding paragraph, committed the same offense as that of the Defendant’s business.

3. Defendant C excavation work.

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