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(영문) 부산지방법원서부지원 2020.09.09 2019고단2604
산업안전보건법위반등
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of five million won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is a person in charge of safety and health management who is responsible for the safety and health of his employees as the head office of the field director of B, and the defendant B was a corporation owner established for the purpose of electrical construction business with the head office of the building C located in Busan Dong-gu, Busan, and the Korea Water Resources Corporation's "E Corporation" from the Korea Water Resources Corporation on February 11, 2019, with the contract amount of KRW 1,998,000,000 in joint with F.

1. Defendant A

A. Violation of the Occupational Safety and Health Act and occupational death, in relation to the death of an employee, shall take measures to prevent risks, such as fall, fall, electric shock, narrow landing, collapse, etc., according to the relevant work, and shall prepare a work plan including the operating routes and work methods of loading and unloading, and shall require the employee to perform the work in accordance with the relevant work plan. In the case of installing a complaint processing unit, a lock or an increase prevention device shall be installed to prevent disasters, such as rain, collision, etc., and the Defendant, who is the site manager of the electrical construction site for sewage treatment facilities, had a duty of care to take such safety measures as above, and prevent accidents due to the failure of accident.

Nevertheless, at around 09:25 on May 7, 2019, the Defendant neglected the duty of care and duty of care by having the victim H (71 years of age) who is an employee belonging to the company B at the E Corporation site located in Gangseo-gu Busan Metropolitan City (hereinafter referred to as the “CM1432”) affix electric wires to the loading and unloading transport machinery (the model name”) using the loading and unloading transport machinery, and failing to prepare and implement a work plan including working methods, and failing to perform safety measures and performing duties, such as having him/her perform work without properly operating the prevention device.

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