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(영문) 울산지방법원 2017.04.13 2016고단3949
산업안전보건법위반
Text

Defendant

A Imprisonment of eight months, Defendants B and D shall be punished by a fine of three million won, Defendant C and E.

Reasons

Criminal facts

Defendant

E Co., Ltd. is a corporate owner established for the purpose of the construction business, etc. of H located in Busan-gun, Busan-gun, and performed the 588,500,000 J construction project located in Yangsan-si (hereinafter “this new construction project”). Defendant C Co., Ltd is a corporate owner established for the purpose of the construction and installation business of steel structure located in Gangseo-gu Busan-gu, Busan-do, and subcontracted the construction of steel frame from E Co., Ltd. to KRW 173,80,000.

Defendant

D As an actual operator of E Co., Ltd., a person in charge of safety and health affairs for its employees and contractor workers; Defendant A is an actual operator of C Co., Ltd., who manages safety and health affairs for its employees; Defendant B is a public official of E Co., Ltd., who is delegated by the director of the headquarters of the new construction site and manages the safety affairs for the said site; and Victim L(48) is an employee employed by C Co., Ltd.

1. Defendant A and B’s liability for the death of the victim

A. On May 28, 2016, the Defendants’ non-compliance with safety measures or Defendant A’s occupational division (1) had the victim of his/her work at the site of this new construction work conduct a string work to be seen in X7 heat and Y3 heat and X6 heat and Y3 heat at the 2nd floor of the steel 2nd floor, the height of which is equivalent to 4.5m. (the steel sn beam and the steel sn beam connected with the steel sn beam).

As above, when working at a place where a worker is at risk of falling or falling off, the worker shall install a work plate or install a safety watch net by means of assembling the rain gauge, etc., and in cases where it is difficult to install a work plate or a safety watch net, the worker shall take necessary measures to prevent the fall risk, such as having the worker wear a safety belt, and the worker wear a sublease.

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