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(영문) 전주지방법원 정읍지원 2016.09.29 2016고단323
산업안전보건법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a person who actually operates C in the former North Korea-gun B, is a business owner who performs construction works to replace the roof of the above E plant in Korea by a limited company E, and was in charge of the tasks such as direction of the construction site and safety management and supervision.

The Defendant employs five workers, including the victim F (40) and replaces with the steel board after removing the roof slock of the above E plant (the construction cost of 10 million won and the construction period of 5 May 2016).

5. 8.) was made.

On May 5, 2016, at around 17:00, the Defendant directed the victim and other labor persons G to be replaced by the roof area to be replaced, and a high-speed drug with the victim and the said G reduction.

7. 97m or above the roof of the factory building.

In such cases, the business owner has a duty of care to take measures necessary for the prevention of danger, such as installation of a light board at least 30cm in width, or restriction of a safety net, in the event that the business owner is engaged in the work at a place with a risk of falling at least two meters in height or depth, and where there is a risk of danger to the workers, such as an omission in the process of the work on the roof cover with weak materials such as slate, etc., he/she has a duty of care to take measures necessary for the prevention of danger, such as installation of a light board at least 30cm in width, or restriction of a safety net.

Nevertheless, the Defendant neglected this and did not pay a safety cap and safety stand to the victim. Although the lapsy of the roof of the above factory building was serious, the Defendant did not install a 30cm or more in width, and did not install a lapsy or install a safety room, and caused the victim to be damaged by the roof and the roof lower slate (the thickness of 0.9cm) while moving on the roof on the roof for the purpose of the replacement area.

Ultimately, the Defendant’s above occupational duties.

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