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(영문) 서울남부지방법원 2013.07.12 2013고단1584
산업안전보건법위반등
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of 4,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

B As a constructor from July 1, 2012, after being awarded a contract for new construction of a multi-household house in Guro-gu Seoul Metropolitan Government from C from July 1, 2012, the building contractor was awarded a subcontract to the Defendant A, which is part of the building project, and the Defendant A was the business owner who was awarded a subcontract for the building works from Defendant B.

1. The business owner of the defendant A shall take measures necessary to prevent the danger at the place where his workers might fall down;

The Defendant, at around 15:10 on October 20, 2012, employed the victim E (the age of 44) at the construction site of the Newly constructed multi-household house, employed the victim E (the age of 5), used a work launch plate that is not likely to be destroyed by the worker’s lower part of the outer wall, and did not take necessary measures to prevent the fall of the victim, such as the installation of a safety distress, falling network, and safety zone, and caused the victim by negligence in the course of his/her duties, who did not take necessary measures to prevent the fall of the victim, thereby getting the victim to suffer bodily injury, such as double dives, which require treatment for at least six months by falling down the floor below approximately 15 meters, and did not take necessary measures to prevent the danger at the place where the worker might fall

2. Defendant B

(a) A business owner who operates a business under a contract by separating a part of the business from a contract shall take measures necessary to prevent the risk of his/her workers employed by the contractor at a place where the risk of fall;

On October 20, 2012, the Defendant did not take necessary measures to prevent the falling risk of workers on the ground that safety risks were not installed in the site of new construction of the said multi-household house, the outer vision of the fifth floor, the wall height of the fifth floor, and the outer vision of the fourth floor, and the safety risks were not installed in the outer vision of the fifth floor. The Defendant did not take necessary measures to prevent the fall risk of workers on the ground that safety risks were not installed in the end of the work launch and passage and the opening.

(b)the contract shall be made separately to part of the project;

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