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(영문) 광주지방법원 2018.08.07 2017노4431
산업안전보건법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant: (a) at the time of the occurrence of an accident, the victim, while falling into the steel industry at the site of the “D detached Housing Construction Work” (hereinafter “instant construction work”); and (b) took necessary measures to prevent the fall of the victim.

Nevertheless, the judgment of the court below that found the Defendant guilty of this part of the facts charged is erroneous.

B. The sentence of the lower court (an amount of KRW 10 million) that is unfair in sentencing is too unreasonable.

2. The following circumstances acknowledged by the lower court’s duly adopted and examined evidence, namely, the Defendant: (a) was instructed and supervised the instant construction; (b) was reported to the situation of the instant construction work progress by H, a site warden; (c) it appears to have known that the instant construction work is likely to fall down on the part of the victim; and (d) Article 42(1) of the Rules on the Industrial Safety and Health provides that “the business owner shall install a board by means of assembling the vision, etc., in a case where the work is likely to cause danger to the worker at the place where the worker is at risk of falling.” However, the Defendant or H appears to have had the victim, etc. continue the instant construction work without fixing the work board properly at the site of the instant construction; and (c) the victim, who was placed at the site of the instant construction, in the wall-frame and at least without leaving it as it is. The victim, who was installed at the 5m of the instant construction work at the scene of the instant case, falls on the wall-frame of the victim’s work.

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