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(영문) 광주지방법원 2019.10.17 2019고단2841
산업안전보건법위반등
Text

[Defendant A] The defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B A Co., Ltd. (hereinafter referred to as “Defendant B”) is a corporation established for the purpose of building business, etc. in Gwangjin-gu Seoul Special Metropolitan City, and a business owner constructing a D apartment in Gwangju Mine-gu, and Defendant A is a person in charge of overall management of safety and health of field workers as the site manager of the above D apartment construction site performed by Defendant B.

1. Defendant A

(a) Where part of the business conducted in the same place as occupational death or injury is divided into contracts, or all specialized fields are contracted, a business owner shall take measures prescribed by Ordinance of the Ministry of Employment and Labor for the prevention of industrial accidents, such as construction of safety and health facilities, when his/her workers employed by the contractor perform work at a place where there is risk of industrial accidents prescribed by Ordinance of the Ministry of Employment and Labor, such as a place where soil, sand, fire, explosion, fall, or falling is likely to occur;

On December 30, 2018, the victim E (the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the workers belonging to F Co., Ltd., who are the business owners performing incidental civil works under the contract from Defendant B for the construction of new apartments.

At the same time, the above septic tank's machine room has several openings with a height of 3 meters and has a possibility of falling by workers, so the contractor has a 75-lux or more, and thus the contractor has a strong structure with sufficient strength to take protective measures, such as safety railings, fences, vertical fall-offs, or covers, and where a cover is installed, it shall be installed so as not to cover or fall, and it shall be marked that it is an opening part so that accidents may be identified even at the open place and shall be prevented from spreading and occupational duties.

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