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(영문) 전주지방법원 2018.04.25 2018고단103
산업안전보건법위반등
Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 10,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

B A Co., Ltd. is a corporation established on March 6, 2015 for the purpose of engaging in construction business in Kim Jong-si, and is a business owner who performs construction works by being awarded a contract from Taesong-gu, Seoul Special Metropolitan City E with limited liability, and the defendant A is a person in charge of the safety and health management of interest at the site of the construction site.

1. Defendant A

(a) In violation of the Industrial Safety and Health Act in relation to the death of workers F, occupational safety and death or injury, etc., a business owner shall install a work board by means of assembling the vision, etc. in cases where it is apprehended that workers might fall or fall down at a place where workers might fall or fall down, and where the height of the vision is at least 2 meters, a safety rail shall be installed and the safety rail shall be installed, and the safety rail shall be composed of the upper rail, the middle rail, the end rail, and the safety rail shall be installed and worn by the worker concerned;

On October 29, 2017, at around 12:50 on October 29, 2017, the Defendant had a victim F (44 years) of a person who works for B Co., Ltd., from the 9m height of the building height installed on the outer wall of the building site at the above construction site to perform the waterproof treatment of outer walls.

In such a case, as a person in charge of safety and health management at the construction site, the defendant, who is engaged in the construction site direction and safety management, has a duty of care to prevent accidents by maintaining all safety measures to be observed by the business owner as above.

Nevertheless, the defendant did not have the victim wear a safety appearance, and caused the victim to do work with only the upper rail, by his occupational negligence, to fall down in a space where the middle rail is not installed during the work process and fall down on the floor, and the shock caused the victim to die with pressure on brain due to the injury to the second part of the credit.

(b) Violation of industrial safety and health laws (safety measures.

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