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(영문) 수원지방법원 평택지원 2017.11.30 2017고단1329
산업안전보건법위반등
Text

1. Defendant A shall be punished by imprisonment with prison labor for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

D Co., Ltd. is a business owner performing construction works of Pyeongtaek-si F Building under a contract from G Co., Ltd. from around July 25, 2016. Defendant C is a site manager of the above construction site belonging to D and is in the position to exercise overall control over the safety and health of its employees.

Defendant

B A Co., Ltd. is a business owner who performs civil engineering works under subcontract from D Co., Ltd. among the construction works of the above building, and Defendant A is a safety and health manager who prevents accidents related to safety and health of employees under his/her control as a site manager at the above construction site.

1. On February 6, 2017, Defendant A, at the construction site of the building in question, had the victim H (50 taxes) work with a depth of about 16 meters from the ground-based excavation bottom of the h beamline from the ground.

In such cases, the defendant, who is a safety health manager, has a duty of care to regulate the access of the victim to the place where the victim's work place is at a place where there is a risk that the victim may face with the vehicle strings, which is a construction machinery of the vehicle system, which is a vehicle for transporting the vehicle in a vertical line with earth on the ground from the bottom of the excavation to the surface of the above excavation, so the victim has a duty of care to assign the conductor for the work to control the workers' access from the floor.

Nevertheless, the Defendant failed to take such safety measures as above, and caused the victim to work by negligence, which caused the victim to avoid the above lusheet lusheet which the victim gets off, and was subsumed below.

As a result, Defendant 1’s occupational negligence and C’s occupational negligence, such as the above occupational negligence and C’s occupational negligence on the same day, caused the death of the victim by having the victim himself/herself undergo cerebral transfusion due to the second damage at the J Hospital located in Pyeongtaek-si on the same day.

2. Defendant B.

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