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(영문) 창원지방법원 마산지원 2013.03.27 2013고단57
산업안전보건법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of three million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

B As a building contractor, a person who has been awarded a contract for a new construction of a neighboring E and multi-family house in Changwon-si E in Changwon-si, and the defendant A is a third party contractor who has been awarded a subcontract for a different construction among the above construction works from the defendant B.

1. On June 17, 2012, at the above construction site around 15:12, Defendant A: (a) the victim F (the 62-year-old age), who is an employee employed by the Defendant, clean the studs of the wall surface of stairs above the fourth fourth floor of the stairs toward the rooftop; (b) the business owner shall pay a safety cap to a worker engaged in a work likely to fall, and install a safety signal at the open level of stairs above 1 meter in height; (c) despite the fact that the safety cap was not paid to the victim and the safety signal was not installed.

Accordingly, the Defendant did not take necessary measures as above, thereby resulting in the death of the victim, who was an employee under his control, who fells into the fourth floor below 80 cm, and fells into the fourth floor below June 25, 2012, and caused the death of the victim due to the thirropical thirrosis and the dubation of the two ties at the Changwon-si G Hospital in Changwon-si, Changwon-si, Seoul Special Metropolitan City.

2. The owner of a business who contracts and contracts part of the business carried on at the same place as Defendant B shall take measures to prevent industrial accidents if his workers employed by the contractor do work at a place where there is a fall risk of industrial accidents;

Nevertheless, the defendant did not take measures to prevent industrial accidents when the victim F, a contractor of the defendant, engages in work at a place where the risk of industrial accidents falls down.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to D and H;

1. Application of Acts and subordinate statutes of a death certificate;

1. Defendant A of the relevant Article of the Criminal Act concerning the facts constituting a crime:

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