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(영문) 의정부지방법원 고양지원 2014.02.06 2012고정1342

산업안전보건법위반

Text

Defendants are not guilty.

Reasons

1. Summary of the facts charged

A. Defendant A was engaged in the safety management duties for the employees of B, as the head of the field office of the structural construction of the structural frame for H apartment construction works in Gyeyang-gu Seoul Metropolitan City, B subcontracted to B, among the fields of the construction site for H apartment construction works in Goyang-gu G.

On December 12, 2011, the Defendant, at around 14:00, ordered concrete pumps to perform concrete typology work on the third floor of 306 Dong-dong 306 at the above site.

1) In the event that the Defendant does work using concrete pumps, which are construction machinery, it is necessary to observe the safety level for the use of booming equipment handling equipment in order to prevent the risk of destruction of equipment such as boom booming, etc., but at the time, he added booms (7m in length, about 250km in concrete charging time) to boom booms located in the fourth part of the pumps at the time, and allowed the Defendant to conduct concrete booming work by connecting booming (2m in length, about 7m in concrete charging time). When the Defendant drives machinery, he must immediately check major structural parts, such as major response generated parts (or anticipated parts), and take preventive measures, such as reinforcement or replacement, but did not take preventive measures against the connecting part of boom booms, such as preliminary inspection and prevention of danger.

3) Although a business owner notified the relevant worker of the content of the work plan prepared and prepared to prevent any danger to workers, the Defendant did not notify the relevant worker of the content of the work plan prepared by him/her. 4) Even if the Defendant did not place an employee at a place where construction machinery of the relevant vehicle is in operation and is likely to cause danger to workers, despite that he/she did not place the employee at the place where the vehicle is in operation and does not place the employee at the place where the vehicle might cause danger to workers, the Defendant is likely to have contact with the worker at the pumps in the process of carrying out concrete building works using the pumps