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(영문) 대전지방법원 2017.08.10 2017고단1062
산업안전보건법위반등
Text

Defendants shall be punished by a fine of five million won.

Defendant

A and C fail to pay the above fine, respectively.

Reasons

Punishment of the crime

Defendant

A is a safety and health manager responsible for the management of safety and health for the prevention of industrial accidents as a result of the construction site site site of steel reinforced concrete located in G in Sejong City, which is performed by Defendant B. Defendant B is a corporation established on December 10, 1989, with its head office in Seocho-gu I and 14 floors Seoul, which was awarded a contract for construction of steel reinforced concrete with approximately 1.4 billion won from Defendant D Co., Ltd. for the purpose of construction. Defendant C is a manager at the site of the construction site of the above “H apartment construction site executed by the Defendant D Co., Ltd.”, and Defendant C is a general manager responsible for safety and health management for preventing industrial accidents of its employees and subcontractors belonging to Jongno-si, and Defendant D Co., Ltd is a corporation established on January 17, 2001 with its head office in Jongno-gu, Seoul and with its head office in order to build construction business.

1. On August 17, 2016, Defendant A and Defendant C had the victim L (58 years old) remove iron bars from the wall’s surface through K of the tin work leader at around 101 14:50 on the above construction site at around August 17, 2016.

In such cases, a business owner who employs workers and a business owner who works in the same place and gives a contract separately for a part of the business is responsible for the duty of care to manage and supervise the driver in case the driver of the vehicle system, such as loading and unloading, transportation, and machinery, or construction machinery in the vehicle system has a duty of care to separate the driver's speed from the driving vehicle.

Nevertheless, the Defendants conspired to do so at the site of the above construction site about 5.4 meters high, a kind of loading and unloading machinery, etc.

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