logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2013.05.23 2012고단1074
산업안전보건법위반등
Text

Defendant

A Imprisonment for 6 months, Defendant B shall be punished by a fine of 3,000,000 won, respectively.

However, the defendant A.

Reasons

Punishment of the crime

1. The defendant A is the representative of the corporation B, who is responsible for safety and health of the workers under his control at the site of the extension work in Yangwon-gun D Superior branch of Gangwon-gu.

A business owner shall take necessary measures to prevent hazards caused by defective working methods, etc. in the course of excavation, quarrying, etc., and where the ground, etc. is excavated, he/she shall comply with the standards for conducting excavation. As such, where the ground is a common soil building, he/she has a duty of care to comply with the standards for conducting excavation.

Nevertheless, at around 13:20 on July 10, 2012, the Defendant excavated near the above construction site to a vertical state (1:0) where excavation is performed without taking necessary measures to prevent risks, and performed construction due to occupational negligence, the Defendant caused the death of the victim due to the victim E (37 years of age) who was in the course of construction due to the collapse of part of landscaping and earth and sand erosion in the weight of 2 ton, which was exposed to an unstable state due to excavation, due to the excavation, and falling away from the surface of the victim E (37 years of age). In doing so, the above landscape caused the victim’s thirth and head parts and caused the victim’s death.

2. Defendant B is a corporation established for the purpose of civil engineering and construction works, etc. with its head office in Yang-gu, Yangwon-gun, Yangwon-gun, and a business owner who performs construction works to expand into D upper water pipes in Yangwon-gun, Yangwon-gun, Yangyang-gu, Yangwon-gun, with a contract for KRW 4,710,000 on July 2, 201

The defendant, who is the representative of the defendant, failed to take measures necessary to prevent the risk of workers, such as paragraph (1).

Summary of Evidence

1. Legal statement of witness G;

1. A written result of autopsy;

1. On-site photographs;

1. A list of supervision and checking of construction safety and health (integrated);

1. Judgment on the assertion of the defendant and his defense counsel in the name of the disaster investigation and return.

arrow