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(영문) 창원지방법원 진주지원 2014.04.23 2014고정76
산업안전보건법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

B A Co., Ltd. is a business owner established for the purpose of construction in Jinju, and Defendant A is a representative director of the B Co., Ltd. who is responsible for safety and health management of his employees

1. On October 24, 2013, Defendant A around 16:10, Defendant A, at the construction site of Jinju-si, had the victim E (the 53 years of age) who is an employee of B Co., Ltd. (the 53 years of age) work to deblize the soil and sand at a point adjacent to the farm road and river, and to install a brupt by spreading the lower floor below.

However, the above construction site is a river where the collapse of the ground, the collapse of a structure, or the falling of earth and rocks is likely to cause danger to workers. In such a case, the defendant has a duty of care to investigate in advance the structure and surrounding circumstances, prepare a work plan, and work on the basis thereof, and to take measures necessary to prevent danger, such as removing earth and rocks at a safe slope and removing retaining wall and earth and rocks at a risk of falling, or installing a retaining wall and a soil embankment, etc.

Nevertheless, the Defendant neglected this and allowed the victim to work in a state where soil booms were not installed with earth breathing, etc., without neglecting it. Ultimately, the Defendant caused the victim to die under the above earth breath on the 25th day of the same month at G hospital located in Jin-si F around Jin-si around 16:54, by causing the victim to die under the above earth breath.

2 Defendant B, at the time and place of the preceding paragraph, committed a violation as described in the preceding paragraph by the representative director, who is an employee of the Defendant, in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H and I;

1. A report on the occurrence of serious accidents, and a written opinion on disaster investigation;

1. A photograph of the scene of the change;

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