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(영문) 창원지방법원 2016.02.03 2015고정1341
산업안전보건법위반
Text

Defendants shall be punished by a fine of KRW 1,500,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a field manager and a person in charge of safety and health management at the site of “C (State) factory construction project” performed by B.

Defendant

B Co., Ltd. is a corporation owner who employs 15 full-time workers on May 28, 2015 to October 31, 2015 with the main office of C (State) as the contract amount of KRW 5,940,000,000.

1. Where a safety rail is installed in order to prevent danger, such as falling, etc. of Defendant A workers, it shall be installed by consisting of upper rail, middle rail, and rail pole and rail pole from the edge of the rail, and where workers are likely to fall or fall, or where workers are likely to pose danger in the course of conducting work in a place where a machine, equipment, ship block, etc., a work board shall be installed by means of assembling the rain gauge, etc., and where it is difficult to install a work board, measures shall be taken necessary to prevent fall, such as installing a safety watch or having workers wear a safety belt;

Nevertheless, on August 31, 2015, the Defendant did not install an interim rail straw at the “C (main factory construction work) construction work site located in the window E in Changwon-si, and had 15 workers work without a crashing measure while conducting assembly work and painting work on the steel frame at the outside of the Dong and dormitory.

2. The above A did not take necessary measures to prevent workers' danger, such as the facts described in the preceding paragraph, on behalf of the Defendant B.

Summary of Evidence

1. Defendants’ respective legal statements

1. A table of the supervision of construction safety and health (integrated);

1. Application of Acts and subordinate statutes to photographs violating the site;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 67 subparag. 1 and Article 23 subparag. 3 (Selection of Penalty) of the Industrial Safety and Health Act;

B. Defendant B:

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