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(영문) 의정부지방법원 2014.02.06 2013고정2309
산업안전보건법위반
Text

Defendants are innocent.

Reasons

1. The summary of the facts charged is the person in charge of safety and health management for the employees under his control, as the field director of the "Top and Incidental Civil Works among the new construction projects" located in the East-gu, 200.

Defendant

B A corporation is a corporation established on October 1, 1999 for the purpose of civil engineering works and construction works, etc. on the H 3th floor in Jeonju-si, Jeonju-si, and is a business owner who performs construction works with nine full-time workers awarded a subcontract from Defendant D Co., Ltd. for the amount of KRW 2,792,00,000,000.

Defendant

C is a person in general charge of safety and health for his employees as a field manager of the "G new construction project" in the Dongbcheon City F performed by Defendant D Co., Ltd.

Defendant

D Co., Ltd. was established on August 25, 1971 by Gwangjin-gu Seoul Special Metropolitan City I for the purpose of building civil engineering works and construction works, etc. and ordered in the development of the ADD industry, and is a business owner who performs construction works with 15 full-time workers being awarded a contract for 68,313,920,000 won.

On March 29, 2013, 07:24 around 07:24, dump truck (24 tons, J) that takes out earth and sand excavated from the above site from the outside to the right side of the vehicle and start to move dump truck to the right side without discovering adjacent L on the front side of the vehicle’s right side, with respect to serious accidents that died beyond L to the wheels;

1. Where a business owner of a defendant A carries out work using construction machinery of a vehicle same as a dump truck pursuant to Article 23 (2) of the Occupational Safety and Health Act (Article 200 of the Rules on Industrial Safety and Health), he/she shall place an guide to the place where a dump truck is contacted with and the workers are at risk of falling off, induce the relevant vehicle's construction machinery, or allow workers to enter the place;

Nevertheless, the defendant does not place a dump truck in the above site where workers are at risk.

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