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(영문) 의정부지방법원 2021.03.25 2020고단2924

산업안전보건법위반

Text

Defendants shall be punished by a fine of two million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation that runs a construction business in C at the Namyang-si, Namyang-si, Gyeonggi-do and 2 lots of land, and a business owner who executes construction works of new living facilities outside D and 2 lots of land in 1,90,000,000, and Defendant A is a safety and health manager who is obligated to take safety and health measures for the prevention of industrial accidents as a site manager at the construction site at the above site.

1. On October 17, 2019, Defendant A had to take necessary measures to prevent the risk at the place of business, the place where a worker might fall during his/her work, the place where soil and sand, structures, etc. might collapse, the place where material objects might fall or come to risk, and other places where risks may occur due to natural disasters in the course of his/her work, despite having to take necessary measures to prevent the risk, Defendant A failed to take the following safety measures.

A. In the case of installing a safety rail in order to prevent workers from falling, etc., the business owner, despite that he/she constituted the upper rail, middle rail, and rail pole and rail pole from the edge of the rail, he/she did not install an interim rail board on the part of the stairs room at the construction site and did not allow workers under his/her jurisdiction to work and pass through the rail despite the danger of fall.

B. A business owner, as a end or opening part of the work launching and passage, has a strong strength to take protective measures, such as safety railing, fences, vertical fall telescopes, or covers, at a place where a worker is at risk of falling, he/she is obliged to work and pass through his/her employees despite having a strong strength. However, the business owner did not take measures to prevent fall on the opening part of the four stories window at the above site, thereby allowing them to work and pass through his/her employees despite the risk of falling.

(c)

When a business owner installs a work board at a place of work, the height of which is not less than 2 meters, he/she shall connect or fix the materials of the work board to not less than two support points so that it does not lower or lower them.