beta
(영문) 대구지방법원 2019.06.13 2019고단1120

산업안전보건법위반

Text

Defendant

A A A Fine of 4,00,000 won, Defendant B of the Company A of fine of 4,000,000 won, Defendant C of the Company A of fine of 3,000 won.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is an enterprise established for the purpose of electrical construction business with its head office located in Busan Metropolitan City D, which is a business owner of the Korea Electric Power Corporation under a contract from the Daegu Northern District Headquarters of the Korea Electric Power Corporation. Defendant A is a representative director in charge of the above business affairs and safety and health of workers, and Defendant C is a field manager as the director of the above corporation.

1. Defendant A

(a) A business owner violating the Occupational Safety and Health Act in relation to the death of a worker shall take measures necessary to prevent any danger caused by electricity, heat, or other energy. In particular, if a worker handles charging paths or works in the vicinity thereof, he/she shall require the worker handling the charging path to wear a cooling protective apparatus suitable for such work, and if he/she works in the electricity near the charging path, he/she shall take measures to install a cooling protective apparatus suitable for the voltage in question and (iii) if the worker engages in the electricity work in the danger of electric shock (if the voltage exceeds 50 volts or the electric energy exceeds 250 volts, she shall prepare a work plan including the matters concerning the wearing and using the saving protective apparatus and protective apparatus and have it work in accordance with that plan.

Nevertheless, at around 10:15 on August 3, 2018, the Defendant: (a) had workers F (57 years of age) handle charging charging lines; (b) had workers F (57 years of age) perform electrical works at voltage 220 V; and (c) did not wear an explosive gate, which is an combustion protective device, on a charging line; (d) did not install an combustion protective device on the charging line; and (e) did not prepare a work plan for electrical works.

Ultimately, the Defendant did not take safety measures under the Industrial Safety and Health Act, thereby causing the death of workers.

(b) Other violations of the Industrial Safety and Health Act (1) business owners shall excavate, transport, handle heavy objects, and others.