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(영문) 대구지방법원영덕지원 2020.10.14 2020고단58
산업안전보건법위반
Text

Defendant

A shall be punished by a fine of 6 million won and by imprisonment of 1 year for each of the defendants B.

However, the defendant B.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) is a corporation established for the purpose of the construction business with the head office in Gyeong-si, and is a business owner who is awarded a contract for the “E System” in Gyeong-do D (hereinafter referred to as the “instant construction site”). Defendant B is the representative director of the Defendant Co., Ltd. and the head office at the construction site of the above construction site, who controls and supervises all the matters concerning the safety and health of its employees. Victim F Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) is an employee of the Defendant Co., Ltd., who works for a set of trees at the above construction site.

1. Defendant B

A. The work site of this case at the place of the crime of this case is about 90 degrees of gradient, and the work site of this case constitutes a rock wall with 20 meters away from the ground to the place where workers might fall down, and thus, in order to carry out the work of cutting down at the above construction site, the safety height of the safety unit should be set up on the part of the above rock wall, which again was partitioned into the trees of the above rock wall, and then the safety height of the safety unit should be cut down on the new side, and the safety height that has been set up again to move under the above order shall be moved to the construction site, and then it shall be moved to the following repeated method of safety height.

B. The duty of care and safety measures in the construction site of this case constitute a place where the workers can fall down as above, and thus, the defendant company’s representative and the head of the construction site of this case, who presides over and supervises all the matters concerning safety and health of its employees, as the defendant, as the representative of the company and the head of the site of the construction site of this case, shall install a work launch or a fall-out net when conducting work at a place where they can fall, and when it is difficult to install it, take necessary measures to prevent the fall risk, such as requiring the workers

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