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(영문) 인천지방법원 부천지원 2014.04.09 2013고단3341
산업안전보건법위반등
Text

Defendant

A and B Imprisonments for eight months, Defendant C, D, E, and F, respectively.

Reasons

Punishment of the crime

Defendant

C Co., Ltd. is a juristic person established for the purpose of building and civil engineering work, etc., and is jointly performing K (34%) as a juristic person established for the purpose of civil engineering and construction work (34%). Defendant D is a juristic person established for the purpose of civil engineering and construction work (33%) and is a joint performing the above construction work (33%). Defendant E is a juristic person established for the purpose of civil engineering and construction work (33%) and is a joint performing the above construction work (33%). Defendant F is a juristic person established for the purpose of leasing construction equipment and civil engineering work, which has been subcontracted with soil work and civil engineering work during the above construction work. Defendant A is a field manager of the above C Co., Ltd., and Defendant A is a person in charge of safety and health management who exercises overall control over matters concerning safety and health of workers in the entire construction work, and Defendant B is a person in charge of safety and health management

1. Defendant A’s occupational failure, death, and violation of the Occupational Safety and Health Act shall be built with a reinforced structure with sufficient strength to take protective measures, such as safety distresss, fences, vertical falls, covers, etc., at the site of the construction site jointly performed by C, D, and E, at the site of the construction site, in which the construction works are in general charge of controlling drainage routes in the above construction site, and at the end or opening of the work launch and passage, where workers might fall down, and where a cover is installed, it shall be installed so as not to fall down or fall down;

In such cases, there is a duty of care to indicate that it is an open door so that it can be identified in the open place and to take necessary measures to prevent the fall risk.

Nevertheless, the Defendant neglected to do so and, at around 15:00 on September 27, 2013, FB, a subcontractor, is a subcontractor at the same construction site.

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