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(영문) 인천지방법원 부천지원 2018.08.17 2018고단947
업무상과실치상등
Text

Defendant

A and B Imprisonment for 8 months, Defendant C’s fine of KRW 7,00,000, and Defendant D Company shall be punished by fine of KRW 5,000.

Reasons

Punishment of the crime

Comprehensively taking account of the evidence relations duly adopted and examined by this court, part of the facts charged is revised and concrete to the extent that it does not interfere with the defendants' defense right.

Defendant

D Co., Ltd. is a business owner who performs construction works of Kimpo-si with approximately KRW 23.4 billion under contract from E Co., Ltd., and is the primary supplier who is responsible for safety measures to prevent industrial accidents of workers employed at the above construction site and sewage workers, and Defendant B is a site manager of the above construction site and is a general manager in charge of safety and health management at the above construction site.

Defendant

Defendant D Co., Ltd. is a business owner who performs construction works with approximately KRW 4.4 billion, which is part of the said new construction works, and is a sewage level who is obligated to take safety measures to prevent industrial accidents to workers employed at the said construction site. Defendant C is a site manager of Defendant C’s site and is a person in charge of safety and health management for construction works implemented at the said construction site under a subcontract by Defendant C.

1. Defendant A

(a) Where a business owner violates the Industrial Safety and Health Act (1) conducts the business of handling heavy water, he/she shall conduct a prior investigation into the relevant work and the topography, ground, floor condition, etc. of the relevant place of work in order to prevent any danger to workers, as prescribed by the rules on industrial safety and health, and record and keep the results thereof, and prepare a work plan stating safety measures to prevent any danger of fall, falling, falling, electric level, narrowness, and collapse, taking into account the findings of the investigation, and then have the work conducted in accordance with such plan;

Nevertheless, the Defendant, at the above construction site around February 14, 2017, was awarded a subcontract by C with the Rules on Standards for Industrial Safety and Health (attached Table 6) and implemented at the above construction site by using C, a vehicle-based construction machinery at the above construction site.

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