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(영문) 창원지방법원 2020.02.19 2019고단690 (1)
산업안전보건법위반등
Text

[Defendant I] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

[Status of the Defendant Co., Ltd. is a business owner who performs the “H Corporation” by subcontracting the “H Corporation” from B to KRW 1,650,000,000 of the construction cost at the site of G Corporation located in the Republic of Korea (hereinafter “instant site”) located in the Republic of Korea, Sam-si, Gangwon-do. Defendant C is the actual representative of the Defendant Co., Ltd. and is responsible for the safety and health of employees under his control.

【Criminal Facts】

1. Defendant I and Defendant I’s violation of the Occupational Safety and Health Act is a general manager of safety and health management who is responsible for the safety and health of workers and contractors employed in the instant field of work, and Defendant I is a business owner who employs L(44 years of age) who is a worker in the instant field of work after being awarded a contract for H construction work from Defendant C through his own stock company, and is engaged in safety and health management duties at the instant construction site.

Defendant

I and A around August 29, 2018, around 08:20 on August 29, 2018, around 08:20, the project implementer had the victim carry out the work of installing a released net for the victim.

At the time, the victim was cut off the rocks located at a height of about 20 meters on the ground, and the workers wear a safety belt, so Defendant I and A had a duty of care to prevent the fall of the victim, such as that the safety belt should be installed in the above place, and that the safety belt should be installed in the case of installing a support log, etc. with the safety belt attachment equipment, necessary measures should be taken to prevent the fall of the accident.

Nevertheless, Defendant I and A are the above victims by negligence without installing the fall prevention facilities, such as the safety galle facilities, without neglecting this.

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