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(영문) 부산지방법원 동부지원 2016.08.10 2016고단972
업무상과실치사등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of 10 million won.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A is working as a director B (ju) located in the Busan Geum-gu, Busan, and is a general manager for industrial safety, who is a site manager at the construction site located in the Busan, the construction site located in the construction site of "E", and Defendant B (ju) is a corporation established for the purpose of construction work business, etc.

1. Defendant A

A. On February 16, 2016, the Defendant violated the Health and Safety Act: (a) at the new construction site located in Busan Metropolitan City Maritime Affairs and Daegu D on February 10, 2016; (b) at the time of ordering work workers, who are in danger of falling to fall, Article 23(3) of the Industrial Safety and Health Act; and (c) Articles 42 and 44 of the Rules on Industrial Safety and Health, etc., install a safety room to prevent falling accidents; (d) have workers wear safety belts; (e) have workers wear safety belts; and (e) has the workers wear equipment to safely walk the sublease; and (e) has the duty of care to check the malfunction of special education and safety belts and auxiliary equipment before the work, but has neglected to do so; (e) has the duty of care to dismantle the vision installed on the outer wall of the said 4th floor; and (e) the victim failed to install the safety net and safety equipment at the time of dismantling the above building with the safety device at least 1 meter’s discretion.

Accordingly, the Defendant caused the death of the above victim by occupational negligence, and at the same time violated the Industrial Safety and Health Act.

(b) A business owner in violation of the Industrial Safety and Health Act (1) shall have a strong structure with sufficient strength to take protective measures, such as safety railing or covers, at a place where the workers might fall, as the end or opening of the work plate and the passage.

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