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(영문) 인천지방법원 2016.09.23 2016고단4129
산업안전보건법위반
Text

Defendant

A Imprisonment of 8 months, Defendant B’s imprisonment and fine of 1,00,000 won, Defendant C’s imprisonment without prison labor of 8 months, and Defendant C’s imprisonment.

Reasons

Punishment of the crime

Defendant

A As the site director of Defendant D Co., Ltd., Defendant E Co., Ltd. is the person in charge of safety and health management for employees under his/her jurisdiction after subcontracting the interior panel construction work performed by Defendant E Co., Ltd., and Defendant B is the head of the site director of Defendant E Co., Ltd., the person in charge of safety and health management for preventing industrial accidents of employees and contractor workers. Defendant C is the owner of the vehicle of G scar invested in the above site, Defendant D Co., Ltd is a corporation with the purpose of metal structure, creative construction work, etc., and Defendant E Co., Ltd is a corporation for construction business.

1. Defendant A, as a person in charge of safety and health management of D companies at the construction site, shall regularly check work teams and check whether there are abnormal parts of each department, such as boom work teams, etc., and shall have workers wear protective outfits, such as subletping of safety caps, etc., and shall prevent workers from falling by installing a structure with sufficient strengths, such as safety railing, fences, vertical fall telescopes, or covers, at a place where employees might fall, as the end or opening part of the work plate and passage, at which the employees might fall.

Nevertheless, at around 10:10 on December 26, 2015, the Defendant did not take appropriate measures, such as withdrawing boom boom in the complaint work unit and replacing the victims through the inspection, even though the victim I (47 tax) and J (40 tax) work for Skacks, which were put into the Corporation, using the vehicle complaint work unit, and the victim I (47 tax) and C (40 tax) were employed by the Corporation. However, the Defendant did not take appropriate measures, such as replacing the victims through the inspection, as the withdrawal of boom boom in the complaint work unit, and the safety rail of the complaint work unit was not installed. As the victims did not fall, and the victims first died with the victim I as he fell.

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