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(영문) 서울북부지방법원 2017.06.29 2016노1894
산업안전보건법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the Defendants guilty of all the charges on the part of the Defendants, although the Defendants’ mistake of the facts did not have installed safety railing like the facts charged on the 3, 4th floor and rooftop of the construction site of the multi-family house on the ground of the Seoul Western-gu E (hereinafter “the instant construction”) site, which was conducted by the Defendants, on the ground of the fact that it was difficult to install safety railing due to the nature of the stone construction work, and there was a special circumstance to temporarily remove the safety rail installed only during the construction of stone construction. The court below erred by misapprehending the facts

B. The punishment sentenced by the lower court against the Defendants (a fine of one million won) is too unreasonable.

2. Judgment on the grounds for appeal

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined in the lower court’s determination on the assertion of factual misunderstanding, the Defendants may be found to have not taken measures to prevent workers from falling down on the third, fourth and rooftop of the instant construction site, inasmuch as the Defendants did not install a safety rail on the 3, fourth and rooftop of the instant construction site, barring any special circumstances that make it difficult for them to install a safety rail, and thus, the Defendants

The defendants claim that the defendants temporarily removed the safety rail which was originally installed in order to carry out stone construction work on the side of the stairs and rooftop slabs.

However, the labor supervisor F, who controlled the site of this case, testified in the court of the court below that "at the time of construction of stone in light of the field circumstances (the trial record 54 pages)" was "at the time of construction of stone," and G, who was awarded a subcontract for the part of the construction of stone among the construction of this case from Defendant B Co., Ltd., also entered the new construction site due to the lack of safety rail installation.

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