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(영문) 대전지방법원 2018.03.29 2017노153
산업안전보건법위반
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles 1) The Defendant is not a business owner or on-site manager of C’s neighborhood living facilities construction work (hereinafter “total construction work”).

2) At the time of June 13, 2016, only the building outer walls and stairs stone works (hereinafter “instant stone works”) were conducted during the entire construction works, and the instant stone works were conducted under a contract with H. As such, the instant stone works were conducted under a contract with H. Therefore, the duty to take measures on the safety of the construction site (the duty to install a protection base line, the duty to install a safety rail) is against H, a supplier.

B. The sentence of the lower court (one year of imprisonment with prison labor for six months, one year of suspended execution) is too unreasonable.

2. Determination

(a) The business owner shall take measures necessary to prevent the danger, such as the installation of a protection base line, in the event that the object is removed or is likely to fall due to work;

Nevertheless, on June 13, 2016, the Defendant was in the position to be responsible for safety and health management for preventing industrial accidents by on-site workers at the construction site of a new living facility C located in Jung-gu Daejeon-gu, Daejeon-gu, and did not take necessary measures, such as installing a protective base at the above site injection exit.

2) The business owner shall have a structure reinforced with sufficient strength to take protective measures, such as safety railing, fences, vertical fall telescopes, covers, etc., at places where workers are likely to fall, as the end or opening of the work plate and passage.

Nevertheless, the Defendant did not install a safety rail in the part of the stairs room on the second floor of the above construction site, the part of the rooftop stairs room on the third floor above ground, the part of the stairs room on the second floor above ground, the part of the stairs room on the third floor above ground, the part of the stairs room on the third floor above ground, the part of the non-working strings to the outside pair, and the part of the balcony window of the second floor above the second floor.

B. The lower court found the Defendant guilty of this part of the facts charged by compiling the relevant evidence.

(c)

1) The judgment of this Court is as shown in the attached Form of the relevant statutes.

2) The lower court and the first instance court as to whether a business owner or safety manager is the business owner or safety manager.

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