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(영문) 수원지방법원 안산지원 2019.09.05 2019고단1056
업무상과실치사등
Text

Defendant

A Imprisonment for six months, the defendant corporation B shall be punished by a fine of 5,000,000 won, and the defendant corporation shall be punished by a fine of 10,00,000 won.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter referred to as “B”) is an entity that operates information and communications business, and from July 2018 to July 1, 2018, a business owner who enters into a contract with “F” corporation D (hereinafter referred to as “D”) with “D,” and Defendant C is a representative of Defendant B, and a person who exercises overall control over and manages affairs concerning safety and health of employees under his/her control and contractor’s employees.

Defendant

A is a person who operates the telecommunications business under the mutual name of G, and is a person who performs the H construction work under the subcontract for the above “F” construction work from Defendant B, and a person who exercises overall control over and manages the affairs concerning safety and health of his/her employees.

1. Defendants A and C’s violation of the Occupational Safety and Health Act, the death by occupational negligence, and the injury by occupational negligence is to take measures to prevent health disorder caused by ventilation in the course of carrying on business. As such, where workers have workers engage in work in an enclosed space, the appropriate air shall be measured to assess whether the air is maintained by measuring the concentration of oxygen and harmful gas in the sealed space, and ventilation shall be made in order to maintain the adequate air during the work before and after the work, and safety education shall be provided for workers to wear protective outfits, such as air conditioners, etc., to ensure that workers wear them, to check the concentration of oxygen and harmful gas, to take emergency measures at the time of accidents, and to operate ventilation equipment, etc.

In addition, even in cases of a business for which part of the business being performed at the same place is separately given a contract, if a worker employed by the contractor engages in work at a place where there is a risk of an industrial accident, such as quality of workers, etc. during the work, the business owner shall take measures to prevent the accident, and in particular, a person who gives a contract for work conducted at a sealed space where a qualitative danger exists shall commence the work in order to prevent the industrial accident of workers

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