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(영문) 수원지방법원 2020.04.10 2019고단6394
산업안전보건법위반등
Text

Defendant

A and Defendant B shall be punished by imprisonment with prison labor for six months, and by a fine of KRW 5,00,000,000.

(b).

Reasons

Punishment of the crime

1. The Defendants’ status and subcontracting-related D Co., Ltd. (hereinafter “D”) are a corporation established for the purpose of building E, building F, and reinforced concrete construction business with the head office located in the field of harmony, etc., and a business owner who subcontracted the “soil and reinforced concrete construction work” among the “I Corporation” ranging from Mosung to Ha in the field of harmony, which was awarded a subcontract for KRW 1,906,33,000 from Defendant C Co., Ltd. (hereinafter “Defendant C”) for the said construction work from August 29, 2016.

Defendant

A is a person who is in charge of safety and health management of the Corporation contracted to D and is responsible for the safety and health of his employees.

Defendant

C is a corporation established for the purpose of construction by having its head office in Pyeongtaek-si J, and is a business owner who has been awarded a contract for the said rearrangement project with the cost of KRW 6,082,153,00 for viewing of the said rearrangement project and is performing the said project from July 13, 2016.

Defendant

B is the head of the site of the above improvement project and the person in general charge of safety and health, who is employed by Defendant C and the contractor of Defendant C, and is all responsible for the safety and health of workers.

2. Criminal facts (1) - Death related to K Workers' work (defendants)

A. In conducting excavation work of the ground, the height of the excavated area of which is not less than 2 meters, Defendant A and Defendant B’s business owner shall conduct a prior investigation into the relevant work and the site’s topography, ground surface and ground surface conditions, etc. in order to prevent workers’ danger, and shall record and keep the results thereof. In consideration of the results of the aforementioned investigation, he/she shall prepare a work plan including the method and order of excavation, the method of removing earth and sand, the plan to use necessary persons and equipment, the placement plan of the owner of the work, the method of installing earth mounds, and the plan for measuring.

In addition, when the ground, etc. is excavated, the business owner shall classify it into earth and rocks in general.

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