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(영문) 대전지방법원 홍성지원 2015.09.04 2015고단601
산업안전보건법위반등
Text

Defendant

A Imprisonment of six months, Defendant B shall be punished by a fine of five thousand won, respectively.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A is the representative of the B-A-A-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U.

1. Defendant A is the representative of the above Dispute Resolution Co., Ltd. and is responsible for safety management for its employees.

On August 30, 2014, at the construction site above around 13:35, the Defendant: (a) had a victim F (58 years of age) prepared painting work on the rooftop with approximately 28 meters above ground; (b) the rooftop part was about 15∑ slope; and (c) the Defendant, a safety manager, has a duty of care to ensure that the Defendant, as a safety manager, install a safety rail at a place at a risk of falling at least 2 meters high, or to pay a safety cap and safety belt to the employees who are engaged in the work, and to install equipment that can safely walk the safety belt when wearing the safety belt, and to take necessary measures to prevent the fall of the working workers by inspecting the malfunction of the safety belt and its accessory equipment before commencing the work.

Nevertheless, the Defendant did not have a duty of care for the victim to prepare for painting work on the rooftop 104-dong 12-dong apartment with a height of about 28 meters on the ground, and did not have a safe distance, and did not install a facility that can safely walk the safety belt.

Ultimately, in order to prepare the above work as above by occupational negligence, the Defendant fell from the rooftop to the lower side, and caused the death of the victim due to brain damage caused by two joints of the two joints, and did not take measures necessary to prevent industrial accidents.

2.

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