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(영문) 대구지방법원서부지원 2020.12.08 2020고정259
산업안전보건법위반
Text

1. The Defendants shall be punished by a fine of one million won.

2. When Defendant A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

B A Co., Ltd., a corporation with its head office in Gyeong-gun C and 2, a corporation operating an engineering work, etc. from August 21, 2017 to Daegu-gun D, a business owner performing a “new construction work E” in Daegu-gun from August 21, 2017, and Defendant A works as a person in charge of safety and health management who has overall control over matters concerning safety and health of workers with the head office

1. In the course of excavation, quarrying, loading and unloading, timbering, transporting, operating, dismantling, dismantling, handling heavy objects, and other operations, Defendant A’s owner shall take necessary measures to prevent hazards caused by defective working methods, etc. In particular, in order to prevent hazards to workers, in the course of conducting works by using rolling stock and handling heavy objects, he/she shall conduct a prior investigation into the topography, ground and ground level of work at the workplace, etc. in order to prevent hazards to workers, and record and keep the results thereof; he/she shall prepare a work plan in consideration of the results of the investigation and have the vehicle system used only for the main purpose of the machine; and the person in charge of safety and health management shall exercise overall control over the above affairs.

Nevertheless, the Defendant, at the above construction site around July 13, 2018, used without preparing a work plan, in the course of handling heavy objects such as work and various kinds of manle, etc. using a scooters, which is a vehicle-based construction machinery, and used it for the purpose of transporting various manle, etc., which is not the main purpose of excavation, despite the risk that workers might pose danger.

2. Defendant B, Defendant A, an employee of the Defendant, committed an act in violation of paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

2. Inspection marks, reports on the results of supervision, and corrective orders under Acts and subordinate statutes;

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