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(영문) 대전지방법원 홍성지원 2013.11.26 2013고단897
산업안전보건법위반등
Text

Defendant

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

Reasons

Punishment of the crime

Defendant

C Co., Ltd. is a contractor who has been awarded a contract for rice storage tank construction from the person who is the owner of the G Corporation at the site of the G Corporation in Bocheon-si, the Seoul Agricultural Cooperatives Co., Ltd., and Defendant A is a personal entrepreneur who operates H, who has been awarded a subcontract for the construction site of G Corporation with the above G Corporation for the waterproofproof and cleaning work. Defendant E Co., Ltd is a contractor who performs the above G construction work by being awarded a contract for the above G construction work from the person who is the owner of the G Corporation.

1. The defendant A is a representative operating H, who is responsible for managing and supervising the safety and health of workers and for taking necessary measures to prevent danger.

In order to prevent danger, such as falling, etc., the defendant shall be installed in such a way as to meet the standards for safety risks of workers, and shall take measures, such as installing fences, etc., to provide workers with protective outfits and wear them, and the measures for protection, such as safety distress, fences, vertical fall, cover, etc., in an open area where workers might fall at the risk of fall, shall be installed in a strong structure with sufficient strength, and in the case of installing a cover, it shall be installed so as not to fall short or fall.

Nevertheless, around June 29, 2013, the Defendant had the victim I (the 40-year-old age), who is an employee at the site of the foregoing GD project, take measures to protect the victim I (the 40-year-old age), without having the victim perform the work to clean a rice storage tank from the opening part (the height of 2.1m, width 2.5m x 3.5m) to the opening part of the opening part (the 3.5m) and without having to take measures such as installing a safe watch or installing a watch, etc. to the opening part of the opening part, and without having the protective measures such as the safety distress, fence, vertical fall-off net, or cover in the opening part.

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