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(영문) 창원지방법원 2018.09.20 2018고단1676
산업안전보건법위반
Text

Defendants shall be punished by a fine of five million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation that has its head office in Gangnam-gu Seoul and runs the construction business, etc., and Defendant C Co., Ltd is a corporation that has its head office in Jin-si F at Jin-si.

Defendant

B Co., Ltd and Defendant C Co., Ltd jointly perform the work of H located in G during Kimhae (the share ratio of B Co., Ltd.: 80%, the share ratio of C Co., Ltd.: 20%), and Defendant A is a person who exercises overall control over the safety and health of the employees belonging to the site of the above work site.

1. Where a business owner engages in the work of using vehicle meters, he/she shall conduct a prior investigation of the geographical features, the ground, geographical strata, etc. in the relevant work site and the site concerned in order to prevent any danger to workers, and record and preserve the results thereof, and shall prepare a work plan in consideration of the results of the investigation and have it conduct the work in accordance with such plan;

In addition, when a business owner engages in work using a vehicle system construction machinery, he/she shall not allow workers to enter a place where workers are in danger of facing the vehicle system construction machinery in operation except in cases where an guide is placed and the vehicle system construction machinery is induced.

Nevertheless, at around 22:30 on December 22, 2017, the Defendant, without conducting a prior investigation, had J transport wastes generated from the work of cutting off asphalt trucks using a dump truck, a construction machinery, and had the victim K (34 taxes) conduct a survey work for confirming the number of asphalt trucks at the same site where a dump truck is operated, thereby causing the victim of the dump truck, who was operated by J, to die with the victim of the subsequent dump truck.

2. Defendants B and C are the Defendants.

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