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(영문) 창원지방법원 마산지원 2018.07.10 2018고단124
산업안전보건법위반등
Text

Defendant

A Imprisonment for six months, Defendant B’s fine of KRW 3,00,000, and Defendant C’s fine of KRW 4,000,000.

Reasons

Criminal facts

Defendant

A is a business owner who operates “G” in the Haan-gun F of the Haan-gun, Chungcheongnam-si, Changwon-si, a member-gu, Changwon-si, and a business owner who executes construction works for the removal of scrap iron in the I Housing Redevelopment Development and Development Project under the order of subcontracting.

Defendant

B The Defendant C is a corporation owner who is a corporation established for the purpose of construction business, etc. located in Seocho-gu Seoul, Seocho-gu, for the purpose of managing the safety and health of on-site workers as a site manager of the removal waste disposal work for the I Housing Redevelopment Development and Improvement Project contracted by the Defendant C, and the Defendant C is a corporation that has contracted the removal of waste disposal work for the above I Housing Redevelopment

1. In order to prevent danger to workers, in the case of dismantling a building, a business owner of a defendant A shall conduct a prior investigation into the structure of the dismantled building, its surrounding conditions, etc., and prepare a work plan containing matters related to safety and health in accordance with the plan, taking into account the results of the investigation, and shall require the worker to perform work in a place where material objects fall or are likely to fall off, and shall require the worker to wear a safety cap and wear a safety cap

In addition, the employer bears the duty of care as above.

Nevertheless, at around 09:00 on May 29, 2017, the Defendant, without conducting a prior investigation into the structure of the building at the removal site of the second floor of the Changwon-si K Housing in Changwon-si, Changwon-si, and without preparing a work plan, caused a worker L ( South, 49 years old) to engage in the removal of non-metallic metals without wearing a safety cap to the victim. While the victim was engaged in the removal work of the window, the Defendant died of two severe injuries from the N Hospital located in Changwon-si, Changwon-si, Changwon-si, M on the same day.

2. Business carried out at the same place as Defendant B.

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