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(영문) 의정부지방법원 고양지원 2014.12.19 2013고정191 (1)

산업안전보건법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

1. The current status of the construction work and the status of the Defendant Company, on January 4, 2012, the Korea District Heating Corporation: (a) removed three Mandong-gu E’s worn-out electric power generators; (b) ordered the “F Corporation” to G to set up two new power generators; (c) Company G subcontracted the part of the machinery, equipment, etc. of the said construction work to H; and (d) Company H re-subcontracted the subcontracted part of the subcontracted part to the Defendant Company.

I as a director of the defendant company, supervised the removal of the above field of construction work, and J as a director of H, a corporation H, worked as a person in charge of the above field of construction work, and K, as a business director of G, was overall in charge of the above construction site.

2. From March 12, 2012, I, in consultation with J, J, and K, performed the dismantling work of a power generator from March 12, 2012. On March 14, 2012, I dismantled a gas valve connected to one of three power generators. On March 16, 2012, on March 11, 2012, I conducted the dismantling work of a power generator using a contact device with the victim L (59), M (54), N (54), P (59), P (6), Q (65) and Q (65).

Since the main gas to operate the said E boiler via the gas pipeline connected to the above generator was flowing in, in such a case, I has a duty of care to prevent the leakage of dangerous substances, etc. at work site or the high temperature steam from breaking out, and frequently measure the concentration of inflammable steam or inflammable gas at work site and the surrounding area (Article 278 of the Rules on Industrial Safety and Health Standards). In the event of an imminent danger of an industrial accident due to explosion or fire, it is necessary to immediately suspend work and evacuate workers to a safe place (Article 279 of the Rules on Industrial Safety and Health Standards). In the event of an imminent danger of an industrial accident due to explosion or fire, I has a duty of care to prevent an explosion from being caused by gas leakage in the workplace (Article 279 of the Rules on Industrial Safety and Health Standards).