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(영문) 울산지방법원 2018.05.31 2018고단805
산업안전보건법위반
Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by imprisonment without prison labor for eight months, and Defendant C shall be punished by a fine of five million won.

Reasons

Punishment of the crime

1. As the representative director of the C&A, Defendant A and B are safety and health managers who act for the business owner with respect to the safety and health of its employees, and Defendant B are auditors of C&A, who manage and supervise the reinforcement and landscaping of stone embankments next to the C&A parking lot.

Defendant

B around 10:15 on July 10, 2017, around C Co., Ltd., ordered workers E (75 years of age) belonging to C Co., Ltd. (75 years of age) to enter about about 4-meter high-level stone festivals at the site of stone-building reinforcement and landscaping works, and the depth between the stone-to-land and the stone-to-land breathing work.

Defendant

A shall provide safety caps and other protective outfits to workers engaged in any work at risk of falling as a person in charge of safety and health management, and when workers engage in any work at a place at risk of falling or falling, A is obligated to install a work plate or safety room and take necessary measures to prevent falling, such as having workers wear a safety belt, if it is difficult to do so, and Defendant B has a duty of care to provide safety caps, etc. to employees under his/her control as a supervisor and supervisor for reinforcement of stone and landscaping and to wear a safety belt and safely perform the work without the risk of falling.

Nevertheless, Defendant A, directly or through the direction and supervision of Defendant B, left alone without taking measures to prevent the fall risk during the work, such as wearing a safety cap and a safety belt, and Defendant B did not take measures to prevent the fall risk, such as failing to pay the safety cap despite having been engaged in the work at the risk of fall, and failing to take measures to prevent the fall risk, such as having the safety belt installed and worn.

As above, Defendant A is ultimately the same.

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