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(영문) 광주지방법원목포지원 2020.09.24 2020고단192
업무상과실치사등
Text

Defendant

A Imprisonment for 10 months, and Defendant B shall be punished by a fine of 7 million won.

except that this judgment.

Reasons

Punishment of the crime

Defendant

B Around September 25, 2019, “E” (hereinafter referred to as “instant construction”) was ordered from “D” located in Sinpo City C and performed the instant construction work by using seven employees from around that time. Defendant A is the representative of Defendant B and the field agent and the safety and health management manager of the instant construction work, who was in general management of the work direction and safety and health of workers at the construction site of this case.

1. Defendant A

A. Defendant A violated the duty to take safety measures under the Occupational Safety and Health Act due to the violation of the duty to take safety measures was the representative of Defendant B, the business owner of the instant construction, and the agent at the site of the instant construction site and the person responsible for safety and health management as follows.

1) If workers are likely to be in danger of falling or falling at a place where workers are at risk of falling or falling (excluding the end, opening, etc. of a work plate), a work plate shall be installed by means of assembling a gauge, etc., and where it is difficult to install a work plate, a crashing network shall be installed. If it is difficult to install a fall network, the Defendant did not take necessary measures to prevent falling risk, such as having workers wear a safety belt, but the Defendant did not do so. 2) At the end or opening of the work plate and passage, the protective measures such as the safety signal, fence, vertical fall, or cover shall be installed in such a structure as sufficient strength to ensure that the workers might fall, and in this case, the Defendant did not indicate that the opening is a tool so that it can be identified at the place where the cover is installed.

(b) Occupational death and duty to take safety measures.

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