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(영문) 부산지방법원 2014.02.06 2013고정4838
산업안전보건법위반
Text

Defendants shall be punished by a fine of three million won.

Defendant

A and C fail to pay each of the above fines, 50,000.

Reasons

Punishment of the crime

1. The defendant A is the chief of the field director of the corporation B, who is performing a waterproof construction project with subcontracting from D Co., Ltd. in the redevelopment apartment site in Busan Northern District G zone, and is the highest person responsible for safety and health of his workers.

In order to prevent danger at a place where workers might fall down at work, the business owner shall display a passage sign on the main parts of the passage in order to prevent such danger, and ensure the safe passage of workers.

Nevertheless, at around March 2, 2013, the Defendant moved to the 3rd floor to the 103th floor of the construction site of the apartment complex at the above new construction site at the 103th floor, and caused the death of the said 6.9 meters away from the said 3rd floor by failing to display a passage sign on the main parts of the 103rd floor of the road at the 103rd floor. On March 2, 2013, the Defendant moved to the 3rd floor to the 1st floor in order to supplement working materials at the 14:15th floor.

2. Defendant B Co., Ltd. committed the above illegal act in relation to Defendant B’s business at the above date, time, and place.

3. The Defendant C is the chief of the field office of the above corporation D, a contractor, who works at the above construction site. The Defendant is the chief of the highest person in charge of safety and health of workers.

Where the implementation of measures to prevent the fall of workers, the occupational death project consists of construction works in the specialized field and all the construction works in the specialized field are required to be awarded a contract for all the construction works in the specialized field, the business owner shall take measures to prevent industrial accidents that may arise when his/her employees work in the same place.

Nevertheless, as described in paragraph (1), the Defendant, at the construction site in which D is being constructed, H, a worker belonging to the above B, is 103 Dong 3.

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