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(영문) 광주지방법원 2016.09.08 2016고단1828
업무상과실치상등
Text

[Defendant A] The defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment became final.

Reasons

Punishment of the crime

1. Violation of the Occupational Safety and Health Act;

A. Defendant A is a person in charge of safety and health management as the head of the site office of the C-building construction works performed by B corporation as a business owner.

1) If a business owner’s object falls or is likely to fall, he/she shall take necessary measures to prevent danger, such as the installation of a sloping water prevention network and a bank protection zone. Nevertheless, the Defendant, an employee of B Co., Ltd., a business owner, did not install a proper protective base line at the site of the said new construction project around October 19, 2015. (2) If a business owner installs a bridge-style passage, etc., he/she must install a bridge-style passage that meets the installation standards.

Nevertheless, on October 19, 2015, the Defendant, who is an employee of B corporation, was not equipped with a bridge-type suitable for using the work board at the construction site of the above new construction site as a bridge.

3) A business owner shall take protective measures to prevent a shock in order to prevent a shock in the charging part of the charging part in danger by having contacted or approaching the charging part of the course due to work, passage, etc. Nevertheless, the Defendant, an employee of B Co., Ltd., a business owner, was not provided with protective measures to prevent a shock in the charging part at the site of the said new construction work on October 19, 2015. (iv) A business owner should install a warning board by assembling the vision, etc. in a place where workers might fall or fall or fall, or where workers might suffer danger in the course of performing work on machinery, equipment, vessel block, etc.

Nevertheless, on December 26, 2015, the Defendant, who is an employee of B corporation, is to install a work board when D and E are performing elevator installation work at the site of the aforementioned new construction work.

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