logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2013.05.15 2013고정461
산업안전보건법위반
Text

The sentence of punishment shall be suspended against the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a person who acts on behalf of Defendant B, a business owner, as the safety and health management manager in charge of controlling overall safety and health matters of his employees in the Youngcheon-si Construction Corporation, Youngcheon-si, Inc. performed by Defendant B.

On September 19, 2012, Daegu Regional Employment and Labor Office had regularly supervised the construction site at the same time. (a)

The business owner shall install a safety-related watch in the aspect of the stairs the height of which is at least one of the areas adjacent to the project owner.

Nevertheless, at the time of regular supervision on September 19, 2012, the Defendant did not have safety problems on the open side of the interior stairs of about 2.8 meters high and inside the 9th and 10th and upper floors of the building.

(b) In the places where workers might fall down, as the end or opening of the work plate and passage, the business owner shall install a reinforced structure with sufficient strength protection measures, such as safety distress, fences, vertical fall-off net or cover, etc.;

Nevertheless, at the time of regular supervision on September 19, 2012, the Defendant did not take protective measures, such as safety distress and covers, on the outside side of the 9th floor and the outer side of the 10th floor and the opening side of the elevator set.

2. Defendant B, a corporation, established on September 7, 2001 for the purpose of conducting civil engineering work, including civil engineering work, with its head office located in Busan Northern-gu E, and is a business owner who performs construction work in Yongcheon-si C, with approximately KRW 2,500,000,000 construction cost, from November 1, 201 to March 2013.

The defendant committed an illegal act in relation to the duties of the defendant A who committed an act on behalf of the defendant as prescribed in the above paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on supervision of construction safety and health (integrated), or a written order for suspension of partial work, or a written order for correction;

1. Application of Acts and subordinate statutes to field photographs for supervision;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 67 subparag. 1 of the Industrial Safety and Health Act.

arrow