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(영문) 전주지방법원 군산지원 2014.10.08 2014고단344
산업안전보건법위반등
Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A is a representative of the D industry for the purpose of building removal construction business, who is a contractor awarded a contract for G removal construction in the military FF from a limited liability company E and is responsible for safety management, etc. of its employees. A.

On May 24, 2013, the Defendant violated the Occupational Safety and Health Act and caused occupational death was on the roof of 7.5 meters above the ground in order for the victim H (the age of 41) who is an employee of the D industry at the site of removal construction of the above G removal construction work to perform the work of installing a safety line for the removal of strings on the roof of the warehouse.

In such a case, the defendant has a duty of care to prevent the danger of workers by installing a light board at least 30 cm wide or installing a safe watch net, etc. in the event that work on the roof covering with weak materials, such as slate, is likely to cause danger to workers, such as a failure of radiation.

Nevertheless, the Defendant did not take safety measures such as the installation of a work plate or a safety watch net in the course of the victim’s work, while neglecting the above duty of care and caused the victim to work on the roof to install a safety log on the roof, and caused the victim, who was moving, to die by a deep stop around 00:45 of the same month.

(b) Business owners violating the Occupational Safety and Health Act shall install covers, etc. on the parts where workers might face danger, such as power failure of machines;

Nevertheless, on June 14, 2013, the Defendant did not install a cover Vet, which is a part of the upper pressure strings used at the site of the above G removal works, where workers are likely to face danger.

2. Defendant B is a 'military F warehouse' constructed by Limited Liability Company E.

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