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(영문) 부산지방법원 2016.06.09 2015고단8458
산업안전보건법위반등
Text

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

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

Reasons

Punishment of the crime

Defendant

A A is a personal business owner who performs the dismantling work of a building panel in the warehouse "F" in Busan Seo-gu, by receiving sewage from Defendant B and using two workers, and is responsible for the safety and health of his employees, and Defendant B is a person who is responsible for the removal of the building panel in question after receiving a contract from G Co., Ltd. for the removal, cleaning, floor repair, waste disposal, etc. of the above building, and the removal of the building panel, which is part of the above construction, is a personal business owner who performs the construction work in the same place, and is responsible for the safety and health of his employees and contractors.

1. Defendant A, on June 24, 2015, had the victim H (52) of a person who works on the roof of a building with a height of 3.5 meters assembled as a panel within the above warehouse installed at around 11:35, and had the person who worked on the roof of the building remove the panel.

In such cases, the business owner shall require workers engaged in work at a place at a risk of falling not less than two meters in height to wear a sub-lease, and shall conduct a preliminary investigation into the structure and surrounding conditions of the dismantling building and record and keep the result thereof in order to prevent the danger of workers in the course of dismantling the building, and shall take into account the findings of the investigation to prepare a work plan including the method of dismantling and the order of decommissioning, the method of drawing the temporary facilities and protective facilities, the method of contact within the workplace, the disposal plan of the dismantled material, etc., and shall have the workers conduct work in accordance with the plan, and if it is likely that workers might suffer danger in the course of performing work at a place at risk of falling or falling, a work plate shall be installed by assembling the vision, etc., and if it is impracticable to install a work board, a safety protection net shall be installed in compliance with the standards.

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