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(영문) 창원지방법원 2017.04.25 2016구합52642

영업정지처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On August 2014, the Plaintiff, a corporation established for the purpose of building construction business, etc., performed the construction work of apartment complex C in Kimhae-si (hereinafter “instant construction work”).

On August 24, 2015, the Plaintiff gave a contract to Nonparty D Co., Ltd (hereinafter “subcontract”) for the installation and dismantling of a set for the construction of the instant construction work.

B. Nonparty E and F, as an employee of the subcontractor company, were in charge of the installation and cancellation of a set for construction at the construction site of this case. On October 3, 2015, in order to install a set, Nonparty E and F were killed at approximately 13 meters below the level of 13 meters, with a set of masts which are not fixed during the rise, on board the carrier section for construction work.

(hereinafter referred to as “instant accident”). C.

On August 8, 2016, the Minister of Employment and Labor notified the Defendant of the results of the investigation that the instant accident occurred because the Plaintiff neglected to take safety and health measures under the Occupational Safety and Health Act, and requested the Plaintiff to suspend its business.

Accordingly, on October 5, 2016, the Defendant rendered a disposition to suspend business operations for two months ( October 25, 2016 - December 24, 2016) to the Plaintiff (hereinafter “instant disposition”).

E. Meanwhile, the accident of this case occurred because the plaintiff's employee, G and the user, the head of the construction site of this case, the plaintiff, the subcontractor, and the non-party H, the representative director of the plaintiff, did not install an emergency stop device, and the non-party H did not perform the duty to take safety measures under the Occupational Safety and Health Act by failing to assign a conductor. This was prosecuted by the Changwon District Court 2016Kadan460 on the ground that the crime of occupational death and the crime of violation of the Occupational Safety and Health Act was constituted. On April 28, 2016, H was sentenced to a suspended sentence of 2 years for October, the subcontractor was sentenced to a fine of 5 million won for the subcontracted company, a fine of 1 million won for G, and a fine of 3 million won for the plaintiff. The appeal against the above judgment (Seoul District Court 2016No1073) also was filed on September 2016.