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(영문) 수원지방법원 성남지원 2017.06.29 2016고단4256
산업안전보건법위반등
Text

Defendant

A 10 months of imprisonment, Defendant B 10 months of imprisonment without prison labor, and Defendant C 10 million won of fine.

Reasons

Punishment of the crime

Defendant

C is a corporation established for the purpose of the operation of service business by using six full-time workers in Suwon-si, Suwon-si, Gyeonggi-do, and a business owner who has been awarded a contract for the cleaning of outside glass from the management office work site in the F apartment in Seongbuk-gu, Seongbuk-gu, Seongbuk-do, and Defendant A is the head of the field management department of the company C, who is in charge of the overall management of the safety and health of workers at the above outside glass water cleaning site, and Defendant B is the representative director of C, who is in charge of the affairs

1. Defendants A and B’s occupational injury and death, and Defendant A’s violation of the Industrial Safety and Health Act, on October 29, 2016, ordered the victim G (30 years) employees of the company at the site of cleaning the above glass water at around 11:30, the victim G (30 years) to perform the work of cleaning the water from the 111-dong 14th floor of the F apartment to approximately 36 meters high.

Defendant

A as a person in charge of safety and health management of C Co., Ltd., a business owner, at a place where a worker might fall at work on behalf of the business owner, has a duty of care to provide safety caps, etc. or safety belts to prevent such danger, and to have him/her wear and wear safety belts.

In addition, Defendant B, as the representative director of the Co., Ltd., was responsible for safety and health management, supervised whether Defendant A, as the representative director of the Co., Ltd., performed the duty of safety measures to prevent industrial accidents, such as preventing the fall of workers, etc., and there was a duty of care to prevent industrial accidents, such as assigning on-site managers

Nevertheless, the Defendants’ negligence in the course of duty without paying a safety cap to the victim and without installing a safety device, and caused the victim not equipped with any safety gear to put the door on the structure on the rooftop at a height of 36 meters, while making preparations for work.

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