beta
(영문) 전주지방법원 2013.10.23 2013고정784

산업안전보건법위반

Text

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

Defendant

If A does not pay the above fine, KRW 50,000.

Reasons

Punishment of the crime

1. From November 2012, Defendant A is a person in charge of safety and health management for workers in the site as the site manager of the “synsan-gu C building construction works in the front city from November 2012.”

The business owner shall install a work plate at a place where workers might fall or fall down, by means of assembling the vision, etc. < Amended by Presidential Decree No. 20799, Feb. 2, 2009> The business owner shall install a structural reinforced with sufficient strength to take protective measures, such as safety intervals, fences, vertical fall-off networks, covers, etc., at the end or opening of the work launch plate and passage, where workers might fall down, and (3) In order to prevent the danger of electric shock by leakage, he/she shall place a metal plate outside the metal agents of the electric machinery and appliances, metal agents, external shocks, and iron bars.

Nevertheless, on April 16, 2013, the Defendant did not install a work launch plate to the 6th external rain gauge, and ② did not install a safety distress to the 6th external rain gauge, and ③ used the 6th external rain line to the 6th external rain gauge connection Contac.

The defendant did not take necessary measures to prevent risks in operating his/her business.

2. Defendant B is a corporation established for the purpose of carrying on construction business in Seojin-gu Seoul Special Metropolitan City D, which is a business owner performing construction works of building C from November 27, 2012.

Defendant A did not take necessary measures to prevent any harm and danger to workers in relation to the duties of Defendant A, as prescribed in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Construction safety, health supervision and checkup marks, written corrective orders, and results of improvement of corrective orders;

1. Application of statutes governing certified copies of corporate registers;

1. Article 67 subparagraph 1 of the Occupational Safety and Health Act, Article 23 (1) and (3) of the same Act, and Article 71 and Article 67 of the same Act, and Article 77 of the same Act, and Article 67 of the same Act, and Article 67 of the same Act,

1. Defendant A of detention in a workhouse: Articles 70 and 69 of the Criminal Act.