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(영문) 서울중앙지방법원 2018.10.17 2018고정263

산업안전보건법위반

Text

Defendants shall be punished by a fine of KRW 1,500,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A As the site manager of the "Drelic Construction Corporation (hereinafter "Dre Construction Corporation")" performed by Defendant B Co., Ltd. (hereinafter "B") in Gangnam-gu Seoul in Gangnam-gu, Seoul, a person responsible for all matters concerning the safety and health of its employees, and a person who acts for Defendant B, a business owner, as the site manager of the Drelic Construction Corporation (hereinafter "Corporation").

Defendant

B is a corporation that has carried on construction business, etc. in Seongdong-gu Seoul building, and is a business owner who has been constructed from March 18, 2016 on a contract with F Co., Ltd. under the contract with F for the construction of this case.

1. Defendant A

(a) The business owner shall take measures necessary for the prevention of hazards caused by explosive, inflammable or inflammable substances in operating his/her business;

위와 같이 사업주는 통풍이나 환기가 충분하지 않고 가연물이 있는 건축물 내부나 설비 내부에서 화재 위험작업을 하는 경우에는 화재 예방에 필요한 용접 불티 비산 방지 덮개, 용접 방화 포 등 불�, 불티 등 비산 방지조치를 하여야 함에도 불구하고, 피고인은 2017. 10. 19. 이 사건 공사현장에서 가연물이 있는 상기 건물 2 층 내부에서 용접 작업시 화재 예방을 위한 방호조치를 하지 아니하였다.

(b) Business owners shall take measures necessary to prevent the hazards in places where workers might fall down in the course of their work, where sand, structures, etc. might collapse, where material objects might fall or come by flying, where other hazards may occur due to natural disasters in the course of their work;

As above, where a business owner installs a safety rail in order to prevent the collision, etc. of workers, he/she shall install it in the middle rail, middle rail, and front of the edge of the rail, despite the fact that the Defendant is required to install it in the middle of the rail. However, on October 19, 2017, the Defendant is adjacent to the stairs from the 6th floor above the ground of the construction site to the rooftop.