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(영문) 부산지방법원 2017.06.07 2017고단1762
산업안전보건법위반
Text

Defendant

A and B Imprisonment for six months, and Defendant C shall be punished by a fine of ten million won.

However, Defendant A and B.

Reasons

Punishment of the crime

Defendant

C Co., Ltd. is a corporation established for the purpose of construction business at the Busan Young-gu D2, Busan, and a business owner who performs the construction business for the purpose of construction business (hereinafter “instant construction business”) under a contract for construction cost of 1.65 million won, and Defendant B is a general manager in charge of the safety and health management of the instant construction business as a site manager of the corporation C.

Defendant

Of the instant construction, C subcontracted the steel reinforced concrete construction to F. F. F. F. F. F. F.M. re-subcontracting the elevator door frame among the steel reinforced concrete construction. Defendant A is the representative safety and health manager of G. The victim H(56) is G’s worker.

1. On October 15, 2016, the Defendant: (a) around 09:40 on October 15, 2016, at the entrance of the construction site of the instant case, the Defendant had the victim of the person who works for the purpose of expanding the elevator door frame from the 12-story elevator entrance of the instant construction site, and had the victim do tin work in the elevator door by using the

The location was at the entrance of the elevator hole of the 12th floor (38.7m high) where a worker was at the risk of falling. Thus, the defendant, who is in the position of managing the safety and health of his/her employees, should install protective measures, such as safety rail, fence, vertical fall telescopes, covers, etc. in order to prevent the danger of workers, and the worker was under the duty of occupational safety and health law to have him/her work while wearing a safety belt and safety cap.

Nevertheless, the Defendant, by occupational negligence, failed to install a sufficient safety rail at the entrance of the elevator hole, and had a victim work without paying the safety string and safety string, without paying the safety strings to the victim, resulting in the death of an injured person due to multiple types of damage, such as a loss of balance while he/she was engaged in stone work to run the elevator strings by using the strings, falling under the bottom below the elevator hole, and falling into the bottom below

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