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(영문) 의정부지방법원 고양지원 2016.08.12 2016고정548

산업안전보건법위반

Text

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

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Defendant

B As the representative director of Defendant A Co., Ltd., a person who is responsible for the safety and health management of field workers in C’s “C Multi-household Construction Work” located in C, and the two Defendant A (State) is a corporation established on August 5, 2011 for the purpose of construction business, and is a business owner who has been executing construction from September 6, 2015 using 20 full-time workers under contract with D for 1.5 billion.

1. Pursuant to Article 23(3) of the Industrial Safety and Health Act, Defendant B’s business owner shall take measures necessary to prevent the hazards in the places where workers might fall down, where soil and sand, structures, etc. might collapse, where sand, etc. might fall or might fall off, where objects might fall, and where other hazards may occur due to natural disasters in the course of their work, or where other hazards may occur due to natural disasters;

In this regard, a business owner shall take necessary measures, such as installing a protection network, where the falling water is likely to pose a risk to workers on the floor, road, passage, etc. of the workplace (Article 14(1) of the Rules on Industrial Safety and Health); a business owner shall install safety rails on the open side of stairs with a height of at least 1 meter (Article 30 of the Rules on Industrial Safety and Health); and a business owner shall install a work board by assembling a system in cases where the work is likely to pose a risk to workers in the course of work on the place where workers fall or fall down, machinery, equipment, vessel block, etc. (Article 42(1) of the Rules on Industrial Safety and Health); and a business owner shall install a safety rail, fence, vertical fall prevention, or cover at the end or opening of the work board and passage where workers are likely to fall (Article 42(1) of the Rules on Industrial Safety and Health); and a business owner shall have a strong structure in which sufficient protection measures, such as safety railing, fence, vertical shock, or cover, etc. are installed (Article 3).).