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수원지방법원 안양지원 2012.10.11 2012고정644
업무상과실치사등
Text

1. Defendant A’s fine of 5,00,000 won, Defendant B’s fine of 5,000,000 won, and Defendant C’s fine of 3,000 won.

Reasons

Punishment of the crime

Defendant

A is a person in charge of safety and health management as the site director of B corporation subcontracted by O among the "N Construction Works" in Ansan-si, and Defendant B is a corporation established for the purpose of specialized construction business, and Defendant C is the site director of O, which is the contractor of the above "N Construction Works".

1. Defendants A and C’s occupational negligence, death and injury by occupational negligence, and violation of the Occupational Safety and Health Act by Defendants A and A had a fence reinforced construction work on September 6, 201 with neighboring factories at the construction site above and around September 13:10, 201.

The above boundary fence was installed at a height of about 5 meters in relation to the site of the neighboring factory, which is about 3-4 meters higher than the ground of the main construction site, and in particular, a structure was added to the lower part of the fence, which was installed at approximately 2 meters thick, and a structure was installed in a way to store concrete outside.

However, on the ground that the above works for the reinforcement of the wall were carried out, the concrete structures and soil fences installed in addition to the lower part of the existing wall were removed, and the wall was put in a vertical form in which almost no he paid with it. Moreover, on the lower part of the wall, the lower part of the wall was exposed to the earth’s own and the adjacent factory site due to the relation being exposed to the earth’s own and the adjacent factory site, and the risk of soil collapse was likely to occur.

If workers are likely to be dangerous due to the ground collapse, the collapse of structure, the falling of earth and rocks, etc. as above, the ground is safe slope and the risk of falling is removed, or the retaining wall and the soil bris are installed with a duty of care to take necessary measures to prevent the danger, but without any particular measure, they are newly in such state.

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