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(영문) 서울중앙지방법원 2017.04.20 2017고단601
산업안전보건법위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 5,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A as a manager of a limited company B, a person in charge of the safety and health affairs of its employees, and the defendant limited company B is a corporation established for the purpose of dismantling the non-system structure.

1. On November 13, 2016, around 15:50 on November 13, 2016, Defendant D(30) was a person who works for Defendant A’s limited liability company B, and the size of the opening section (2.4m x 2.7m) made up of the second floor concrete floor to remove waste.

As above, in the event of drilling the second floor of a building, there was a risk that the work executor may suffer from the opening of the building or death.

Therefore, as an actual manager of the above company, the defendant, who is in charge of safety and health affairs, should conduct a prior investigation in order to prevent the danger of workers in the course of dismantling the building, and record and preserve the result of the investigation, in consideration of the results of the investigation, should prepare a work plan including matters related to safety and health, etc., and have him/her perform the work in accordance with the plan; and he/she has a duty of care to take measures necessary to prevent the danger of falling, such as having workers wear a safety belt, in cases where it is difficult to install a rail and a rail, etc., and in cases where it is difficult to install a safety net, he/she has a duty of care to take measures necessary to prevent the danger of falling, such as having workers wear a safety belt.

Nevertheless, the defendant did not take necessary measures in violation of the above duty of care and prevented the victim from working.

Accordingly, the Defendant did not take necessary measures to prevent industrial accidents as above, and neglected the above duty of care.

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