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(영문) 대구지방법원 2015.09.24 2015고단1413
산업안전보건법위반등
Text

Defendant

A Imprisonment of eight months, Defendant B’s fine of KRW 2,00,000, and Defendant C’s fine of KRW 4,000,000, respectively.

Reasons

Punishment of the crime

Defendant

A As a representative operating C in Daegu-gu, Daegu-si, a person in charge of safety and health management who actually manages and supervises matters concerning safety and health of his employees, and the person who acts for C Co., Ltd., Defendant B is a supervisor who has completed a supervisor’s training, which is an essential requirement for asbestos dismantling or removal works, and is a supervisor who shall take measures to prevent risks, such as pre-working safety education, inspection of workers’ protective outfits, etc., and Defendant C Co., Ltd is a corporation established for five projects, such as dismantling or removal of asbestos, with its head office located in the Nam-gu, Daegu-gu, Daegu-gu, and is a business owner who has contracted for construction of “waste disposal works” from modern development.

1. Defendants A (Death by Occupational Negligence, Violation of Occupational Safety and Health Act), and B (Death by Occupational Negligence) are managers in charge of safety and health management of C&A, and there was a duty of care to take measures necessary for the prevention of danger, such as installation of 30 cm or more in width, or restriction on wearing a safety cap at a place where objects are removed or fall at a risk of falling at least two meters in height or depth, and to wear a safety belt at a place where a risk of falling at least two meters in depth exists.

In addition, Defendant B had a duty of care to take measures to prevent risks related to work, such as conducting safety education prior to work as a supervisor of the asbestos dismantling or removal work, and whether employees have properly worn safety equipment, such as safety appearance.

Nevertheless, this is neglected.

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