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(영문) 수원지방법원 안양지원 2015.07.23 2014고단1856

산업안전보건법위반

Text

Defendant

A Imprisonment for 6 months, Defendant B shall be punished by a fine of 3,000,000 won, respectively.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant B, who is in the position of controlling the safety and health of workers, and Defendant B is a corporation with the purpose of manufacturing and installing elevators.

On March 13, 2014, the Gyeongwon General Construction Co., Ltd. is the owner of the F plant new construction works in Sipo-si E, and the manufacture and installation works of the elevator during the new construction works were set at KRW 77 million and awarded a contract to Defendant B.

1. A business owner shall take measures necessary for the prevention of any danger caused by machines, apparatus, and other equipment in running his/her business, and in particular, he/she shall stop the operation of the relevant machinery when the maintenance, cleaning, oil supply, inspection, repair, replacement, or adjustment work, such as empty machinery, transportation machinery, construction machinery, etc., is likely to cause any danger to workers, and take necessary measures, such as the placement of a supervisor, in cases where the operation of machinery is likely to be done suddenly due to inappropriate work methods in the course of his/her work;

Nevertheless, at around 14:00 on July 12, 2014, Defendant A had the victim G (34 years of age) (a worker) put the transport equipment into the upper half of the entrance in order to carry out electric wires at the elevator entrance, and had the victim G (34 years of age) put the transport equipment inside the upper half of the entrance in order to carry out electric wires. In such a case, Defendant A neglected to take necessary measures such as blocking the transport equipment from getting off at the time and posting the orderer in order to prevent the occurrence of the accident even though he/she had a duty of care to prevent the occurrence of the accident in advance, by negligence, even though he/she neglected to take necessary measures, such as by placing the orderer in order to prevent the occurrence of the accident, and by leaving the elevator on the third floor with the operation of the automatic reduction machine, and by leaving the victim's back to the underground level of approximately 1.7 meters after affixing the victim's back.