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(영문) 대구지방법원 포항지원 2019.05.15 2018고단1639
산업안전보건법위반
Text

Defendant

A Imprisonment of six months, Defendant B, E, and H are punished by a fine of 2,00,000 won, Defendant C, D, and G.

Reasons

Punishment of the crime

Defendant

C Co., Ltd. is a corporation established with its head office in South-gu I at port and for the purpose of soil construction business, etc., Defendant A is a representative director of C Co., Ltd. who is responsible for all matters concerning the safety and health of its employees, and Defendant B is a person who performs on-site safety and facility management in the position of the head of the corporation at the work site conducted by C Co.

Defendant

G Co., Ltd. is a juristic person established for the purpose of housing construction business, etc. with its head office located in North-gu K in Changwon-si. Defendant H Co., Ltd. is a juristic person established for the purpose of housing construction business, etc. with its head office located in Changwon-si L. G Co., Ltd., and H Co., Ltd. jointly with the ratio of 50% equity ratio from December 29, 2016 to March 31, 2018. Some of the Co., Ltd., “J Corporation” were awarded contracts to C Co., Ltd. for the same period and had C Co., Ltd work for the same period. Defendant D Co., Ltd., as an executive director of the above G Co., Ltd., who actually controls and manages “M Corporation” jointly performed duties related to the safety and health of workers and contractors employed by G Co., Ltd., and Defendant E Co., Ltd., is a person in charge of management of the above work at the construction site as part of the construction work site.

1. Defendant A

(a) A business owner who violates the Occupational Safety and Health Act related to the death of an employee shall take necessary measures, such as the installation of a protective net, if falling water is likely to pose a risk to workers on the floor, road, passage, etc. of the workplace;

Nevertheless, the Defendant, on December 11, 2017, is a victim, who is a worker at the “JJ” site located in the North-gu N in the North-gu Sea-si.

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