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(영문) 서울남부지방법원 2013.10.23 2013고정1874
산업안전보건법위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative director of the Company B in charge of the "D Diplomatic Site Flood Control Corporation" in Seo-gu Daejeon, and B is the person in charge of safety and health management, and the person in charge of the said Corporation is the corporation established for waterproof construction business, etc.

In a place where workers might fall down at work, the business owner shall take measures necessary to prevent the danger.

1. Defendant A, at the construction site around 09:30 on November 9, 2012, at the same time, has a duty of care to manage and supervise the execution of construction, such as setting up a clibs, taking necessary measures to prevent accidents, etc., and at the same time, Defendant A is obliged to take necessary measures to prevent hazards to employees, such as having employees wear a safety cap and a safety rope, installing a safety belt and a life rope at the clibs, and inspecting the condition of attaching a line prior to the commencement of the operation of the clibs and the clibs of each unit.

Nevertheless, the defendant neglected to manage the above construction works and caused the death by failing to take measures to prevent the risks of workers, thereby falling from about 15 meters above E.

2. The Defendant Company A, an employee of the Defendant, committed a violation as above in relation to the Defendant’s business at the time, time, and place as set forth in paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. The statement of each police officer made to F and G;

1. Photographss, on-site photographs, opinions of the accident investigation, and photographs of legal history cases at the time of the disaster;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article applicable to criminal facts;

(a) Defendant A: Articles 71, 66-2, and 23(1) and (3) of the Occupational Safety and Health Act (the occupation of a worker due to a violation of safety measures), Article 268 of the Criminal Act;

B. Defendant B corporation:

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