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(영문) 창원지방법원 2018.09.07 2018고단1135
산업안전보건법위반등
Text

Defendant

A is punished by a fine of KRW 5 million, and Defendant B is punished by a fine of KRW 3 million, and Defendant C and D are punished by a corporation.

Reasons

Punishment of the crime

Defendant

A is a person in charge of safety and health management who is responsible for and manages matters concerning the safety and health of his/her employees as a field warden at the construction site of the construction site of Kim Sea E apartment built by D Co., Ltd., and Defendant B Co., Ltd. is a corporation established on October 1, 1992 for the purpose of construction, etc. after having its head office in Gangseo-gu Busan Metropolitan City F, which is a corporation established on October 1, 1992, and Kimhae-si's new apartment construction site with its head office in KRW 2,389,910,09 and awarded contract from D Co., Ltd. to June 8, 2017 to March 31, 2019

Defendant

C A company is a person in charge of safety and health who has overall control over matters concerning the safety and health of its employees and their workers employed by the contractor as a site warden of the Kim Sea E apartment construction site performed by D company. Defendant D company is a corporation established on April 7, 1976 in Gangnam-gu Seoul Metropolitan Government for the purpose of construction business, etc. by having its head office in Gangnam-gu, and is a business owner who performs the construction work of the above Kim Sea E company contracted for KRW 496,215,807,000 from H to January 24, 2019.

1. Defendant A and Defendant C

A. In the event that Defendant A’s business owner engages in the assembly of a mobile-type vision in line with the safety measures of the victim’s death, occupational violation of the Industrial Safety and Health Act, and occupational violation of the duty to take safety measures of the Defendants (i) Defendant A’s failure to take safety measures, and occupational violation of the duty to take measures, Defendant A’s business owner is obligated to take safety measures in the event that he/she engages in the assembly of a mobile-type vision to prevent a sudden move or transition, and then installs an electric-level prevention device installed at four places below the non-way level, and engages in the operation at the top of the non-way level, he/she was obliged to install a safety rail. The Defendant at the site site head is obliged to fix the wheels with a brash, etc., and then fixed part of the non-way’s solid facilities or set a string.

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