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(영문) 수원지방법원 안산지원 2015.06.05 2014고정709

산업안전보건법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person in charge of safety and health management at the new kindergarten construction site of the F kindergarten construction site E, under the jurisdiction of the D corporation established for the purpose of housing construction business, etc. in Pyeongtaek-si C, which is subcontracted by the Gwangju District Office of Education

1. A business owner shall install a protective net or an smoke-saving unit sufficient to prevent a shock with respect to the charging portions having a danger of electric shock by having workers contacted or have access to the charging portions of electric machinery, apparatus, or electric route due to work, passage, etc.;

Nevertheless, on October 23, 2013, the Defendant, who is the above site safety and health management manager, was employed by the Defendant, was not equipped with a dump cover, etc. at the charge department at the 1st floor of the building located at the above construction site.

2. In order to prevent the danger of electric shock caused by water leakage, the business owner shall contact with metal materials of electric machinery and appliances with iron bars in preparation for iron bars, etc.;

Nevertheless, on October 23, 2013, the Defendant did not have access to the entire area of the entrance of the 1st floor of a building installed at the above construction site.

3. In the places where workers might fall down, as the end or opening part of the work launch board and passage, the business owner shall install a strong structure with sufficient strength protection measures, such as safety railings, fences, vertical fall-off networks, covers, etc.;

Nevertheless, on October 23, 2013, the Defendant did not install a safe sect in the stairs between the first floor and the second floor of the building located at the construction site.

Summary of Evidence

1. A supervisory inspection table, a report on the results of supervision, a corrective order, and a report on the results of confirmation;

1. Application of statutes concerning the certificate of employment of field agent and the appointment of safety and health manager;

1. Reduction of Article 67 subparagraph 1 of the Occupational Safety and Health Act and Article 23 (1) 3 of the same Act regarding criminal facts as well as the choice of punishment;