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(영문) 의정부지방법원 2016.05.13 2016고단579
산업안전보건법위반등
Text

Defendant

A A Fines of 8 million won, Defendant B of a fine of 6 million won, Defendant C of a fine of 2 million won, and Defendant D.

Reasons

Punishment of the crime

Defendant

Co., Ltd. E (hereinafter “E”) is a corporation established for the purpose of the construction business, etc. located in G at the Government-si, and a business owner performing the “J New Construction Work” located in the Government-si H and I (hereinafter “J New Construction Work”).

Defendant

D Co., Ltd. (hereinafter referred to as “D”) is a corporation established for the purpose of assembling buildings, etc. in Gangseo-gu Seoul Metropolitan Government K, and is a business owner who subcontracted steel construction among the above J-Newly constructed construction works.

Defendant

A is a person in charge of safety and health management in the above D, who is engaged in overall management and supervision of matters concerning safety and health in the above construction site; Defendant B is a person in charge of safety and health management in the above construction site; Defendant B is a person engaged in overall management and supervision of matters concerning safety and health in the construction site; Defendant C is a safety manager in the construction site.

1. Defendants A, B, and C’s violation of the Industrial Safety and Health Act and death or injury by occupational division are occupational duties to install a work board or install a safety net if they are engaged in any work in the position of a person responsible for the management of safety and health as well as in the position of a safety manager at a place where a person engaged in the work falls or is at risk of fall. If it is difficult to install it, he/she shall install a safety net, and where the person engaged in his/her work as an opening room is at risk of falling, he/she shall install a vertical fall net or cover, etc.

Nevertheless, on August 4, 2015, the Defendants: (a) ordered a victim L(54 years) (54) who was employed by D as a person with D work around 09:43, to assemble the 10th height of 10.3 meters, and did not have any difficulty in installing a safety-proof net; and (b) performed steel-frame assembly without installing a safety-proof net; and (c) 9 floors below the part of the damaged person’s work.

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