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(영문) 대전지방법원 2013.07.11 2012노2745
산업안전보건법위반
Text

All appeals by the Defendants are dismissed.

Reasons

The summary of the grounds for appeal is that the Defendants could not anticipate that the damaged workers would fall at the time of the instant case, and thus, there was no possibility of expectation of accident prevention measures, so the responsibility should be dismissed. However, the judgment of the court below convicting the Defendants, which erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

Judgment

According to the evidence duly admitted and investigated by the court below, the following circumstances are additionally recognized:

Defendant

L, the vice head of B corporation, requested I to perform repair work after checking the unsatisfy construction in the second place including the place where the instant accident occurred in the construction area so far, among the construction areas so far, as L, which is the vice head of B corporation.

I, upon receiving instructions from L as above, was going through a vertical bridge leading to the rooftop of the instant bridge, and then taken a rooftop rail, went through a roof rail, and directly arrived at the eaves and directly arrived at the bend part, and confirmed the condition of the main body of the eaves in the bend part. In light of the height of the bend part of the bend part, the distance between the bend part and the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the accident, and the degree expected to be seen to have taken the head part of the bend part of the bend part of the bend part of the bend part

L and A stated at the time of undergoing an investigation in the Daejeon Regional Labor Agency’s Industrial Safety Department, that “I, as it was necessary to check closely the above part of the request for remuneration, is deemed to have necessary to go to the eaves in this case.” In particular, A, as it is very complicated to secure a safe passage for confirmation operations during a short period of time, so it is uneasy, but through the rooftop of a cooperative room.

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