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(영문) 부산지방법원 2017.05.11 2016고정4322

산업안전보건법위반

Text

Defendant

Busan Traffic Corporation shall be punished by a fine of KRW 2,000,000.

Defendant

The above fine shall be imposed on the Busan Traffic Corporation.

Reasons

Criminal facts

Some of the facts charged were corrected.

1. Defendant A is a person in charge of the safety and health management of employees under his control, who ordinarily employs 3,690 workers in Busan-gu, Busan-do, and engages in railroad transport business.

A. Where a business owner installs a safety rail in order to prevent danger, such as falling, etc. of workers, he/she is required to install a rail rail board and a rail board on June 21, 2016, despite that it is necessary to prevent the end of the rail board and a rail board, the Defendant did not install an interim rail board and a rail board on the upper part of the stairs for riding a train on the front roof of the train that is located at the trucking workplace at around 15:00 on June 21, 2016.

B. Although the business owner is required to install a safety rail on the side of the stairs the height of which is not less than 1m, the Defendant did not install a safety rail on the front and rear side of the stairs for the cleaning work unit, the height of which is 1.5m, at the above workplace at the time of the day specified in the above paragraph (a).

(c)

In order to prevent any danger to workers, a business owner shall conduct a prior investigation into the relevant work, topography, ground, and geographical layers in the relevant work site in order to prevent the occurrence of danger to workers, and record and preserve the results of such investigation, and shall prepare a work plan in consideration of the results of the investigation and have them perform the work in accordance with the plan, but the defendant did not prepare a work plan concerning the movement-type movement-type movement-type movement-type movement-type movement-type movement-type movement-type movement-type movement-type movement-type movement-type movement

(d)

Despite the fact that the business owner has a strong structure with sufficient strength to take protective measures, such as safety rail or cover, at a place where workers might fall, as the end or opening of the work board and passage, the business owner is not equipped with a safety rail to prevent workers from falling at the cleaning work unit at the cleaning work unit at the above workplace at the time specified in the above paragraph (a).