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(영문) 서울남부지방법원 2013.03.14 2013고정446

산업안전보건법위반

Text

Defendant

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

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A A As the site director of the “D Building Construction Work” (hereinafter “instant construction work”) performed by Yeongdeungpo-gu Seoul Metropolitan Government, a corporation is a person who is comprehensively responsible for the safety and health of its employees, and Defendant B was a corporation established for the purpose of construction business in Yeongdeungpo-si, Kimpo-si, a corporation incorporated for the purpose of construction business in Yeongdeungpo-si, and received the instant construction work from F to receive KRW 2,495,800,000 from F, and used 15 full-time workers from June 14, 2012.

1. Regarding the occasional supervision of the construction site of this case in Yeongdeungpo-gu Seoul Metropolitan Government on November 9, 2012 at the construction site of this case, Defendant A:

A. Although safety risks should be installed on the open side of stairs with a height of not less than 1m, the above Defendant did not install safety risks on the part of stairs of not less than 6~7 stories with a height of not less than 3.1m;

B. Although safety risks should be installed in places where workers might fall down as the end or opening of the work launch and passage, the above Defendant did not install safety risks between the first and the second floor of the stairs room and the third floor slab bars; and

C. Although it is necessary to install a coverr on a machine that is likely to cause danger to workers, such as cutting or cutting off a processed product, etc., the above Defendant did not install a coverr on a Hander for other work.

2. Defendant A, who committed an act in relation to the Defendant’s business, did not take safety measures necessary to prevent industrial accidents of workers, as stated in the above paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. G certification;

1. A table of inspection of safety and health (integrated) in the construction business;

1. Full certificate of registered matters;

1. Application of Acts and subordinate statutes to photographs exposed;

1. Article 67 subparagraph 1 of the Occupational Safety and Health Act and Article 23 (1) and (3) (Selection of Fines) of the same Act concerning criminal facts A: Defendant B; the same shall apply to the Occupational Safety and Health Act;