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(영문) 울산지방법원 2020.04.23 2019고단4388
산업안전보건법위반등
Text

1. The defendant A shall be punished by imprisonment with prison labor for six months;

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

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter referred to as “B”) is a legal entity owner established for the purpose of the business of the boarding, etc. in the Busan East-gu, Busan. From February 26, 2019, Defendant A performed the work of replacing the F consent roof and the wall iron bars in the E (E) located in Yangsan-si, Yangsan-si, and Defendant A was the head of the construction site at the construction site, who was a person in charge of safety and health management for workers under B who work at the construction site.

1. Where a business owner wears a safety belt at a place at least two meters high from the risk of falling, he/she shall install equipment, etc. to safely walk the safety belt, and shall take measures necessary to prevent danger, such as installation of a light plate at least 30cm wide or a fall protection net, in cases where workers are likely to be at risk, such as an omission in work on the roof covering with weak robbery, such as asbestos slate or lines;

At around 14:30 on March 13, 2019, the Defendant, on the roof of the Fdong building above E (P) and on the roof of the victim G (51 years of age) who is a worker, had workers, dissembling the board and re-sembling the replacement work.

However, the roof of the above building, which is going through by workers at the time, is not less than 6 meters above the ground level, and is covered by the worn-out line (slut lighting board), and there is a risk of fall on the ground level if the lines are broken, so the defendant has a duty to take safety measures and duty to take measures necessary to prevent danger, such as installing safety belts at the work location of workers and installing a light board at least 30cm in width, or slut-protection networks, etc., to prevent danger, after thoroughly grasping the work environment in advance.

Nevertheless, the Defendant did not take such measures as above.

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