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(영문) 인천지방법원 부천지원 2018.05.31 2017고단2286
업무상과실치사등
Text

[Defendant A] Imprisonment with prison labor for eight months

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter referred to as “C”) is a corporation that runs a construction business in F, and is a business owner who has been awarded a contract for the removal of the public parking lot of G building (170 square meters, height of 20 meters, and hereinafter “the removal construction of this case”) for KRW 3,3710,00 from H viewing. Defendant A is the representative of the removal construction of this case, who is in a position to take safety and health measures necessary for the prevention of industrial accidents to its employees. Defendant B is a person who actually manages the said site at the direction from C, Defendant C obtained permission for removal of asbestos from H market at the construction site of this case on November 201, and Defendant C completed removal of asbestos around March 28, 2017 after completing removal of asbestos from H market at the construction site of this case on or around March 29, 2017.

1. Defendant A, who violated the Industrial Safety and Health Act, is an on-site agent responsible for the safety of the workers at the construction site (on-site manager) and is responsible for the removal of steel structure, etc., Defendant A is obligated to take occupational and safety measures, such as safety net for the prevention of fall, safety railing, safety reduction, etc., and prepare a work plan including preventive measures against risks that may occur during the relevant work in order to protect workers from danger when dismantling a building, etc., and install equipment that can safely walk up inside at a place of at least 2 meters high risk of fall, and Defendant A is obliged to take occupational and safety measures. Defendant B is obliged to thoroughly supervise and safely perform the work by removing the steel structure in detail upon receiving the direction from Defendant A at the site of removal of the instant case.

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