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(영문) 대전지방법원 2015.12.03 2015고단1363
산업안전보건법위반등
Text

Defendant

A and Defendant C are punished by a fine of KRW 4 million, and Defendant B and Defendant D are punished by each fine.

Reasons

Punishment of the crime

1. Defendant A and Defendant C are the head of the “G apartment construction site” and the person in general charge of safety and health, which is executed by Co., Ltd. D itself from Type F, and Defendant A is the head of the field office and the person in charge of safety and health management of Co., Ltd., Ltd., a subcontractor of the said new construction work

The business owner shall prepare a work plan for handling heavy objects, including the measures to prevent crash disasters, at a place at risk of falling, and appoint a work commander to command work in accordance with the plan. The business owner shall take measures necessary to prevent the danger in the event that the work is likely to fall, the place where workers might fall, the place where soil and sand, structures, etc. might collapse, the place where the objects might fall or come to fall, the place where the objects might fall or come to fall, and other places where the danger may occur in the course of work due to natural disasters.

Nevertheless, at around 15:38 on November 10, 2014 due to negligence, the Defendants neglected this and installed a window for lifting stone in the non- upper part of the 501-side system where the victim H (the age of 49) who is an employee belonging to the said stock company B, as part of handling heavy goods at the non- upper part of the 501-side system of the said construction site, and caused the Plaintiff to fall into the concrete floor below 7 meters in height and die during the transmission to the hospital at around 16:18.

Accordingly, the Defendants did not take necessary measures to prevent the above negligence to cause the death of the victim and at the same time Defendant A did not take measures to prevent the risk, Defendant C did not take measures to prevent industrial accidents against workers employed by Company B, a contractor of Company D.

2. Defendant B, a Defendant, on November 10, 2014, took necessary measures to prevent risks with respect to the Defendant’s business, as described in paragraph (1).

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