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(영문) 수원지방법원 여주지원 2017.03.08 2016고단1342
산업안전보건법위반등
Text

Defendant

A and C shall be punished by a fine of KRW 5,00,00,000, respectively, in four months of imprisonment.

Reasons

Punishment of the crime

1. From January 2, 2015, Defendant A and C jointly committed the construction of “I” (hereinafter “instant construction site”) from Echeon-si H Day (hereinafter “instant construction site”) and around June 28, 2016, Defendant D divided the construction work of the instant construction project into part of the installation work of the board, and gave contract to B in an amount equivalent to KRW 1.48 billion.

Defendant

A is a site manager and a person in charge of safety and health management who have overall control over the construction site of this case from June 28, 2016 to June. Defendant C is a site manager and a person in charge of safety and health management who has overall control over the construction site of this case from September 1, 2015 to September 1, 2015.

During the instant construction, there was a risk of falling or falling down by a worker while constructing a board board on the outer wall while constructing a logistics warehouse. In such a case, the Defendants had a duty of care to install a strong structure safety rail with a strong structure that is able to withstanding at least 100 km, which works in the most vulnerable direction at the place where the employees do not fall in the installation of the board, so that they do not fall in the middle of the installation of the board.

Nevertheless, Defendant A did not have a safety net installed at the construction site of this case around July 25, 2016 at around 08:42, and did not verify whether the safety rail was installed with strong structure, Defendant A had the victim J (56) of daily workers employed by B Co., Ltd. (56) continue to work. Defendant C was negligent in the course of duty without installing a safety net at the construction site of this case and without installing a strong structure with a safety rail. Defendant C fell on the ground below 11m as the safety rail of the victim who was engaged in the operation of a rail on the second floor of the construction site of this case at the construction site of this case at the construction site of this case, and fell on the ground below the 11m and fell on July 2016.

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