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(영문) 대전지방법원 서산지원 2013.04.11 2012고단589
산업안전보건법위반등
Text

Defendant

A and B Co., Ltd. shall be punished by a fine of KRW 5,000,000, and Defendant C shall be punished by a fine of KRW 3,00,00,00.

Reasons

Punishment of the crime

Defendant

B Co., Ltd., C, and Defendant D, each of which was established for the purpose of building works and engineering work, respectively, and the above Defendants were jointly contracted from the Korea Land and Housing Corporation for 40%, 38%, and 22% of the G apartment construction work in the Jin-si City. Defendant A is a person who is responsible for safety and health management for workers belonging to the site as the head of the construction site of the above Section 1.

1. As above, Defendant A has the duty of care to take measures necessary to prevent workers’ health problems, such as providing a signal tag, and allowing workers to wear a signal tag, if workers are engaged in work in a closed space, and setting up and implement a program for the work of the closed space, posting a notice to the effect that the workers’ access to the closed space is prohibited, except the relevant persons, at an easily visible place, and posting a supervisor who can monitor the working conditions of the workers to the outside the closed space, and posting them to the outside of the closed space for the purpose of maintaining the adequate air condition during the commencement or work.

Nevertheless, even if the Defendant neglected to perform the above duty of care, the Defendant did not establish and implement a program for closed space health work, to prohibit entry into and exit from closed space, to designate a supervisor, and to pay back the signal.

However, on December 18, 201, the victim H(64) who had been engaged in the work of carrying brings in the state of packing for concrete quantitative work at the 503 underground parking lots at the above construction site around the time in December 18, 201, caused the death of the victim of H (64 years of age) due to the addiction of oxygen.

As a result, the Defendant did not take necessary measures to prevent health problems for workers and did not take such measures.

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