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(영문) 대전지방법원 2015.08.12 2015고단546
산업안전보건법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for four months, and by a fine of three million won for Defendant B.

However, the defendant A.

Reasons

Punishment of the crime

1. Defendant A is a person in charge of the safety and health affairs of his/her employees, who is the field director of the company B, which performed the construction of the D apartment re-building in Daejeon-gu.

A business owner, etc. shall take measures necessary for the prevention of hazards in the places where workers might fall down at work, where soil and sand, structures, etc. might collapse, where material objects might fall or come by flying, and where other hazards may occur in the course of work due to natural disasters.

Nevertheless, at around 17:30 on October 2, 2014, the Defendant: (a) had an employee E (58) sealed on the rooftop 207, 3-4, 2014, and did not take necessary measures to prevent the fall risk, such as wearing a safety belt and installing a safety watch net; and (b) caused the death of two parts, etc. during his/her painting work.

2. Defendant B is a corporation established with its headquarters located in Daejeon Seo-gu F, Daejeon for the purpose of construction business (drawing construction, tailing, waterproofing, etc.) by making ten full-time workers at its headquarters.

On October 2, 2014, around 17:30 on October 2, 2014, the Defendant committed a violation, such as that the Defendant’s employer A did not take measures to prevent risks as above in relation to the Defendant’s duties

Summary of Evidence

1. Defendants’ legal statement

1. Protocol of the police statement concerning G;

1. A report on the occurrence of serious accidents;

1. A contract agreement on construction works;

1. Statement of disaster investigation;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Defendant A: Articles 66-2 and 23 (3) of the Occupational Safety and Health Act; Articles 71 (main sentence), 66-2, and 23 (3) of the Occupational Safety and Health Act;

1. Detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act of Defendant B;

1. Suspension of execution: Article 62 (1) of the Criminal Act of Defendant A [Consideration, radius, agreement, negligence on the part of the victim, etc.];

1. Provisional payment order:

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