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(영문) 창원지방법원 2018.01.10 2017고단3376
산업안전보건법위반
Text

Defendant

A A A shall be punished by a fine of KRW 5 million, and each fine of KRW 4 million shall be punished by Defendant B, C, and D.

Reasons

Criminal facts

Defendant

D Co., Ltd. is a business owner who, while engaging in construction business at Changwon-si, Masan-si F, performed H factory extension and repair construction works at the H company located at the window G from around May 2017. Defendant C is a site manager of the D company, who takes charge of the safety and health of its employees. Defendant B is a business owner who, while engaging in the business of manufacturing and installing steel structures at Haan-gun I, subcontracted the construction of steel-frame manufacturing and installation works from D Co., Ltd. on May 2017. Defendant A is a representative director of the D Co., Ltd., who takes overall charge of the safety management and supervision of his/her employees.

1. A around June 1, 2017, Defendant A had the victim J (64 years old) who was employed by the Defendant at the above H H factories and B factories, and the employees employed by the Defendant who were employed by B (64 years old) had the victim J (hereinafter referred to as the “Defendant”) use a chilling work unit on the steel-frame structure (3.5 meters above ground, weight 0.56t) adjacent to the same outer wall of the factory.

In handling heavy objects, such as steel structure, a work plan shall be conducted in advance in order to prevent any danger to workers, prepare a work plan in accordance with the results of the investigation, take into account the results thereof, enter into a V to fully support the joint base of the steel frame, etc., and shall be made of a solid structure, and when using the filers, a work worker shall wear protective outfits, etc., such as safety belts.

However, Defendant 1 did not have a solid structure, such as concluding Vs in the contact book without the above time, place, and without the work plan regarding the handling of heavy objects, but had the victim use a melting work with the steel-frame structure that is adjacent only to the factory's outer wall, and without wearing a safety string, while having the victim use a melting work without wearing a safety string.

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