beta
(영문) 의정부지방법원 고양지원 2014.02.14 2012고정812

산업안전보건법위반

Text

Defendant

B shall be punished by a fine of 700,000 won.

Defendant

B If the above fine is not paid, 50,000 won.

Reasons

Punishment of the crime

Defendant

A was engaged in the duty of safety management of workers belonging to the Co., Ltd. as the head of the site of "alley Construction Project" subcontracted by the Co., Ltd. among the "Eth Complex Construction Project Site" located in Seongdong-gu, Gyeyang-gu, Gyeyang-gu.

1. Defendant A, around December 31, 201, had 11 persons, including F, etc., (i) around 17:40 on December 31, 201, engaged Defendant A, to build concrete on the above-site floor surface.

Where a business owner uses construction machinery for the vehicle system, he/she shall prepare a work plan in order to prevent the danger of workers, and have them perform the work in accordance with such plan.

(Article 38(1) of the Rules on the Industrial Safety and Health Standards. Nevertheless, Defendant A did not prepare a work plan with respect to the pumps which are construction machinery machinery.

2. The Defendant Co., Ltd., the Defendant Co., Ltd., a corporation incorporated for the purpose of the establishment of its head office 407 Nam-dong 706, Gyeyang-gu, Yangyang-gu, Yangyang-si, which received a contract from G Co., Ltd. for the “alley-gu Construction Site” in the aforesaid “E main complex construction site” for KRW 8,120,000,000.

Defendant A committed a violation of the Occupational Safety and Health Act, as described in paragraph (1), with respect to the duties of the Defendant Company, at the time and place specified in paragraph (1).

3. Defendant B is a field agent of G Co., Ltd., a contractor, who was awarded a contract for “E-main complex construction site” and is a general manager for safety and health of his employees.

With respect to buildings or other similar facilities, a business owner shall verify whether they have been constructed in accordance with design documents, and take measures to prevent risks, such as collapse, electric intensity, collapse, explosion, etc. due to load load, snow, wind pressure, earthquake, vibration, impact, etc. and whether they have been constructed in accordance with construction work specifications.