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(영문) 전주지방법원 2018.05.09 2018고단162
산업안전보건법위반등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person engaged in the safety management of the above site interest of a business owner who performs the F building outer wall repair work under contract with E, an individual constructor, in the amount of KRW 29,930,000, and Defendant B is a person engaged in driving of the above G building in the field.

1. On November 9, 2017, Defendant B: (a) around 10:25 on November 10, 2017, at the site of repair works for outer walls behind the F building in Yansan-gu, Seoul Special Metropolitan City; (b) the victim H (the remaining, the age of 51), I (the age of 52), and B (the age of 52) were replaced by the work unit for filing a complaint to repair the outer wall of the building located 3

In this case, the driver of a vehicle in the accusation work has a duty of care to prevent accidents, such as moving a vehicle in the accusation work within the scope permitted to work (25m radius).

Nevertheless, the Defendant extended only two out of 33 meters away from the scope of work permitted by the Defendant, and the Defendant continued to move the said vehicle due to negligence in the course of business, which continued to move the said vehicle while working in a state where the one was entirely expanded. As a result, the victims on the part of the workplace fall down on the ground and the victim H felled on the ground, and the victim I resulted in the death of the victim due to the multiple trauma damage.

2. On November 9, 2017, Defendant A, as indicated in the foregoing 1.1., had Defendant A perform the repair work of the outer walls of the building at least 34 meters above the ground by using a vehicle train-type accusation (vehicle). In such a case, Defendant A prepared a work plan containing risk prevention measures and working methods against the fall, fall, fall, and electric poles, etc. in accordance with the accusation work, and notified the relevant employee thereof, and use the Arabic-type box clearly, and have the worker wear a safety cap.

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