산업안전보건법위반
The judgment of the court below is reversed.
Defendants shall be punished by a fine of one million won.
Defendant
A does not pay the above fine.
Summary of Reasons for appeal
A. The Defendants received a summary order due to various violations of the Industrial Safety and Health Act at the Busan Northern-gu G Multi-household Construction Site (hereinafter “G construction site”) adjacent to the construction site of this case (Seoul Northern-gu) and the summary order became final and conclusive.
The construction site (G Construction Site) and the construction site (C Construction Site) of this case constitute the same workplace, and the facts constituting the summary order are identical to the facts charged in violation of the Health and Safety Act of this case.
Therefore, the above summary order's effect extends to each of the facts charged in this case. Thus, each of the facts charged in this case constitutes a final judgment.
Therefore, the lower court erred by misapprehending the legal doctrine on the validity of the final summary order, which found the Defendant guilty of each of the facts charged.
B. The point of installation of a safe rail at the top of the mobile-type non-building on the first floor (No. 1 of the judgment below).
In relation to this, the place where the Defendants did not install the pertinent safety rail is not the construction site of this case, but the G construction site adjacent thereto.
Therefore, the judgment of the court below convicting this part of the facts charged is erroneous and erroneous.
2. Determination
A. According to the record as to the effect of the final summary order, the Defendants: (a) on September 5, 2019, the Busan District Court Branch Decision 2019 high-level 3948, and (b) on September 5, 2019, the Defendants (i) installed safety railing in order to prevent workers from falling, etc.; (b) installed metal pipe or materials with at least 2.7§¯ in diameter; (c) on May 17, 2019, the Defendant A did not install metal pipe or materials with at least 2.7§¯ in the first floor parking lot on the ground inside “G construction site” as materials with at least 2.7§¯ in width; and (d) the business owner was open from stairs the height of which is at least 1 meter.