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(영문) 대구지방법원 안동지원 2018.01.09 2017고단336
산업안전보건법위반
Text

1. Defendant A shall be punished by imprisonment with prison labor for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

Defendant

C A corporation is a corporation with the objective of a business, such as Saturdays, and is a business owner who executes the business from November 20, 2015 to May 25, 2019 by receiving a subcontract from Defendant D Co., Ltd in the amount of 38,949,000,000 full-time workers and taking out approximately 90 full-time workers.

Defendant

A is the site commander of the “J” performed by C Co., Ltd. and is a person who acts on behalf of C Co., Ltd., the main owner of the project, as a person in charge of safety and health management, who is given substantial authority and responsibility for the on-site operation by C Co., Ltd., and is responsible and supervised by C

Defendant

D Co., Ltd. is a corporation for the purpose of business, such as civil engineering and comprehensive construction, and jointly with Defendant E Co., Ltd. and Defendant F Co., Ltd., a business owner who performs the said construction with the share of 80% from May 28, 2015 to May 27, 2019 upon receipt of a contract for construction costs of KRW 135,410,095,363 from the Korea Railroad Facilities Corporation.

Defendant

B is a person in charge of safety and health as a general manager in charge of the management of all matters concerning safety and health of employees belonging to the department and employees belonging to sewage level as the head of the “J” site executed by Defendant D Co., Ltd., Defendant E Co., Ltd, and Defendant F Co., Ltd. under the joint performance method.

Defendant

E A Co., Ltd. is a corporation for business purposes, such as general construction works, and is a business owner who performs the above construction works in 10% shares under contract with Defendant D Co., Ltd. jointly with Defendant D Co.

Defendant

F Co., Ltd. is a corporation for the purpose of a project, such as general public works and civil works, and is a business owner who performs the above project in 10% shares under a contract with Defendant D Co., Ltd.

1. When running a business, the Defendant A’s business is based on machines, equipment and other equipment;

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