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(영문) 서울중앙지방법원 2017.11.30 2017고단5552
업무상과실치사등
Text

Defendant

In six months of imprisonment for A and B, Defendant C Co., Ltd. shall be punished by a fine of three million won, and Defendant D shall be punished by a fine of three million won.

Reasons

Punishment of the crime

Defendant

Defendant D Co., Ltd. (hereinafter “Defendant D”) is the business owner who was awarded a contract for “the replacement of the core facility (hereinafter “this construction”) from H H’s Ministry of Culture and Tourism,” and Defendant C Co., Ltd. (hereinafter “Defendant C”) is the business owner who was awarded a subcontract for “the construction of machinery and equipment” from Defendant D during the instant construction.

1. Defendant B, A

A. Defendant B and A violated the Industrial Safety and Health Act and occupational and dental history, and Defendant B are a person in charge of overall control over the safety and health affairs of Defendant C workers, who belong to the site of the construction site of the main construction site of Defendant D, and Defendant A is a person in charge of safety and health management as the head of the site of the construction site of Defendant C.

On March 21, 2017, at the construction site of this case located in Seocho-gu Seoul Metropolitan Government 09:00, the Defendants had J (63 tax) (J (63) conduct installation work of equipment pipes in the area of the 6th floor air harmony between the 6th floor air on the ground and the area of damage.

There are places where the opening is formed by removing the floor slves from 7 to 3 floors for the piping facilities. As such, the Defendants were obligated to take occupational care and safety measures under the Industrial Safety and Health Act by checking in advance whether there is an opening part in the work section of the employees under his/her control, by installing a sub-lease facility in cases where it is difficult to install a cover, or by installing a cover, etc. due to the working conditions, and by taking protective measures necessary to prevent the fall risk, such as installing a sub-lease facility in the case where it is difficult to install a cover, etc., and wearing a safety belt, etc., to prevent the fall accident in advance.

Nevertheless, the Defendants did not install a cover, safety rail, etc. on the opening of the opening at the above construction site or install equipment to attach a sub-lease to the workers' K and J, and had workers install a stack for the installation of equipment pipes around the opening of the said sub-section.

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