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(영문) 수원지방법원 2017.08.25 2017고단2785
산업안전보건법위반등
Text

Defendant

A Imprisonment for four months, and Defendant B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Joint Crimes by Defendants A and B: Defendant A’s violation of the Industrial Safety and Health Act, occupational and actual injury, Defendant B’s occupational injury and death, and Defendant B’s occupational injury and injury are the individual construction business operator who was awarded contract for KRW 15,400,000 to the “E detached Housing Construction Corporation” located in e-mail, and performed work from October 24, 2016 by using three full-time workers under contract with the construction business operator who was awarded contract for KRW 15,40,000, and Defendant B is the individual construction business operator who was awarded the said “E Single Housing Construction Corporation” from E to 650,000,000 full-time workers.

Defendant

A around December 1, 2016, around 07:30 on December 1, 2016, employed a worker F (64 years of age) as an injured person at the site of the construction of the above detached house and had the injured person perform the roof waterproof construction work of the rooftop tower.

A business owner shall, in cases where the work is likely to be dangerous to workers in a place where workers fall or are likely to fall, install a work plate by means of assembling a dog, etc., and where it is difficult to install a safety net, shall install a safety net, and take necessary measures to prevent a fall risk, such as having workers wear a safety net, in cases where it is difficult to install a safety net, and take necessary measures to prevent a fall risk, such as having workers wear a safety signal, fence, vertical fall net or cover, etc. at a place where workers are likely to fall as the end or opening of the work board and the passage, and shall install a strong structure with sufficient strength protection measures, such as safety rail, fence, vertical fall net or cover, etc.

Nevertheless, Defendant A, at the site of the above construction site, failed to require the victim to wear a safety belt without installing a work plate and a safety room at a height of approximately 2.9 meters from the ground, at the site of the roof waterproof construction work of the rooftop in the above construction site, and to take protective measures such as safety rail, fence, vertical fall-off, cover, etc.

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