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(영문) 창원지방법원 2014.05.20 2013고단2475
산업안전보건법위반
Text

1. Defendant A’s imprisonment with prison labor, Defendant B’s fine of KRW 5,00,00, and Defendant C and D Company, respectively.

Reasons

Punishment of the crime

Defendant

D Co., Ltd. is a corporation established for the purpose of construction business, etc. by employing five full-time workers from 301-1 of the third floor of the building G of the window in Changwon-si. Defendant C is a representative director of the JH High School and the toilet renovation and repair work as the representative director of the D Co., Ltd., Defendant E is a director of the above construction site. Defendant B is a vice-director of the D Co., Ltd., and Defendant B is a corporation established for the purpose of construction business, etc. by employing one full-time worker from 1 of the window I and 2nd floor 58 of Changwon-si, which is part of the above construction work, and Defendant A is a person in general charge of safety and health as the representative director of the B Co., Ltd.

1. In installing safety rails at a place where workers might fall down, Defendant A’s business owner shall take measures necessary to prevent the fall danger, such as installing the upper rail lines at a point where not less than 90cm from the upper rail is installed, and in case where the upper rail lines are installed at a point not more than 120cm, the middle rail lines shall be installed in the middle of the upper rail lines and the floor area, etc.;

Nevertheless, the Defendant, at the construction site of the above H high school located in J in J in J in J in J in J, installed a upper rail 120 centimeters or less, but did not install an middle rail rails.

On December 16, 2012, at around 15:40 on December 16, 2012, K lost the center of body and fells on the ground below approximately 5.8m on the same day, and died from low-blood shock in the L Hospital emergency room at the Jinju City around 19:23 on the same day.

Ultimately, the Defendant, as a business owner, did not take necessary measures to prevent the fall risk as above, thereby resulting in the death of K.

2. A, the representative director of the defendant B, who is the defendant.

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