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(영문) 울산지방법원 2014.10.30 2014고단2196
산업안전보건법위반
Text

Defendant

A, B, C, and E shall be punished by a fine of 5,00,000 won, and Defendant D shall be punished by a fine of 3,00,000 won.

Reasons

Punishment of the crime

Defendant

A is the operator of F, who is a steel structure repair company, and at the same time, the C, a subcontractor for the “construction-related dismantling work” in the “H apartment site installation and dismantling work,” which was contracted to G, and who is in charge of the safety and health affairs of workers; Defendant B, as the site manager of the C, a person in charge of the safety and health affairs of workers; Defendant C, as a corporation for soil construction business, etc., has contracted the “H apartment space installation and dismantling work”; Defendant D, and Defendant E, as a worker of F, who is in charge of the dismantling of construction-related fences.

1. On February 23, 2014, around 08:10 on February 23, 2014, the victim I (the age of 66) who is an employee of Defendant C C Co., Ltd. was engaged in the material distribution work at the 109 new construction work site of Ulsan-gu H apartment complex, Ulsan-gu. The above 109 Dong 11 was engaged in the work of dismantling F workers D and E with safety fences operated by the Defendant.

Where a business owner engages in dismantling a set, he/she shall appoint a person to command work and have him/her carry out work under the direction of such person, and prohibit a person other than the relevant workers from entering the area where work is to be carried out and indicate the purpose thereof at a place easily visible.

Nevertheless, the Defendant did not take such measures.

2. Defendant B’s business owner shall take necessary measures, such as the installation of a protection net, etc., in cases where falling water is likely to pose a risk to workers on the floor, on roads, passages, etc. of the workplace, and shall take necessary measures to prevent the danger, such as the installation of a protection net, a vertical protection net or protection team, the establishment of an area where entry is prohibited, and the wearing of protective outfits, in cases where material objects are removed or are in danger of falling off due to work;

Nevertheless, the defendant.

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