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(영문) 대전지방법원 2013.12.12 2013고단3509
산업안전보건법위반등
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by imprisonment without prison labor for six months.

, however, for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant B’s status is the owner of the five-story building, which is a neighborhood living facility located in Daejeon Seo-gu E and F, and Defendant B obtained permission on September 10, 2012 to change the use of the five-story building used as “sports hall” from the Seongbuk-gu Office of the Daejeon Metropolitan City to the “public announcement source facility.”

Defendant

B, after obtaining permission for change of the purpose of use, from September 2012 to January 2013, 2013, managed the overall process of the changed purpose of use construction. Some of the construction works, such as piping work, Defendant B directly employed workers and carried out construction work, and some of the construction works, such as removal work, carried out by another constructor.

Defendant

B around January 24, 2013, around January 24, 2013, Defendant A, a personal constructor, ordered a contract without setting a construction period for “the construction of a tent of a building and the installation of a stone drown drick.”

Therefore, Defendant A is responsible for the performance of safety and health measures for employees under his/her jurisdiction at the site of the foregoing “construction and installation of a light steel frame in a building,” and Defendant A is responsible for the performance of safety and health measures for employees under his/her control and employees under his/her control, a contractor, and Defendant B is responsible for performing safety and health measures for employees under his/her control.

2. On January 28, 2013, Defendant A: (a) around 11:00 on Jan. 28, 2013, around the building owned by the foregoing B, Defendant A, using a sloping car, set the “tin-to-face” materials into the 5th external wavepet part of the building; and (b) had the victim G (33 years old) who is his employee, move the “tin-to-face” materials (90cm size x 180cm) located in the 5th outer wavepet part of the building to the inside of the building.

In such cases, it is affiliated with the business owner of the construction "the installation of a light steel framed and the installation of a stone drum".

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