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(영문) 부산지방법원 동부지원 2014.10.30 2014고정883
산업안전보건법위반등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

The summary of the facts charged is the business owner and the user who performs the repair and re-construction work of the F Apartment in Busan Metropolitan City, the purpose of which is the construction business in the Geum-gu, Busan Metropolitan Government.

Defendant

A is the representative director of the above company who exercises overall control over safety and health of workers, and G is the director of the flood control team of the above company in charge of the above work instruction and supervision.

In a place where workers might fall down at work, in order to prevent the danger, where it is difficult for a business owner to install a work warning board or to install a work warning board by assembling the vision, etc. in order to prevent the danger, he/she shall install a safety steering net, and shall take measures necessary to prevent the fall risk, such as having workers wear the safety cap and the safety belt.

Defendant

A, at around 13:30 on December 10, 2013, at the construction site of the second floor of the above apartment 3 underground parking lot, and the victim H (72 years of age) who is an employee of the above company and is in charge of waterproof work assistive work, ordered the above 3 underground parking lot to work in a flicking area of the wall.

Since the upper wall height exceeds approximately 3.5 meters, in such cases, the business operator or the field work manager shall take necessary measures to prevent the fall risk by installing a work plate or installing a safety control net in such a manner as not to fall down, etc., and shall comply with the duty of care to prevent the fall from occurring during the work by having the workers engaged in such work wear the safety cap and safety belt.

Nevertheless, the defendant and G do not have a work-free or safety-free net with the duty of care as well as the above duty of care.

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