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(영문) 부산지방법원 2017.02.09 2016고단7962
산업안전보건법위반등
Text

1. The Defendants shall be punished by a fine of three million won.

2. Where Defendant A does not pay the above fine, only 100,000.

Reasons

Punishment of the crime

1. Defendant A is a site manager of the “Down Living Facility and Newly Building Housing” located in Busan Young-gu, which is performed by Company B, and is a responsible manager for safety management of employees belonging to the said site.

On June 1, 2016, the Defendant had been entering into a construction project from around June 1, 2016. On June 15, 2016, the Defendant pointed out that the part of the work board installed on the building outer wall of a newly-built building after undergoing on-site inspection by the Dongyang Construction Safety Technology Group, which entered into a technical guidance contract with the said company, shall be installed in two parts, and the employees shall wear a safety cap and a safety belt. On June 23, 2016, the Defendant continued the construction and continued to install a frush on the outer wall for the third floor wall construction.

In such cases, in order to prevent danger, such as the fall of workers, the defendant has a duty of care to install a safety rail consisting of the upper rails, middle rails, and the end of the rash and a rail pole, and to pay safety caps to workers and wear it.

Nevertheless, on June 23, 2016, the defendant did not take the above safety measures and caused the death of the victim D (73) of his/her employees from the third floor outer wall of the building being newly constructed above on June 23, 2016, by occupational negligence, which caused the damage to the victim of his/her work to install a crypt, and by the victim of his/her work, he/she fell into the wall of an adjacent building 5 meters high through the opening between the upper rail and the work launching, and caused the death of the two parts from the tin, namely, a high level of damage to the two parts.

As above, the Defendant caused the death of the victim by occupational negligence, and at the same time caused the death of the worker by failing to fulfill the duty of safety measures.

2. Defendant B is the business owner of a legal entity whose purpose is construction business, etc., and the above Defendant A, who is the employee of the defendant, is related to the Defendant’s business as provided in paragraph 1.

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