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(영문) 서울중앙지방법원 2017.11.07 2017고정2876
산업안전보건법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is responsible for all matters concerning the safety and health of employees under his/her jurisdiction as a site manager of “D or E’s neighborhood living facilities construction works” performed by Gangnam-gu Seoul Company B.

1. Where the defendant installs a safety rail in order to prevent workers from falling, etc., he/she shall install the structure that meets the relevant standards, such as the upper rail, middle rail, and board to prevent the end of the rail;

Nevertheless, at the time of supervision over the construction site on June 27, 2017, an intermediate rail rail was not installed on the outer non-string safety rail of 5-6 floors of the building being constructed.

2. The defendant shall install a safety rail, etc. in order to prevent the fall of workers at a place where workers might fall down, which is the end or opening of the work board and the passage;

Nevertheless, on June 27, 2017, there was no protective measure, such as the installation of a safety rail at the opening for the volume of materials of 2,4,5 stories under construction at the same construction site.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the inspection table of construction safety and health supervision and the results of supervision;

1. Application of Acts and subordinate statutes of a report, such as a certified copy of the corporate registry, a construction contract, or a letter of designation of a person responsible for safety and health management, and a corrective order;

1. Relevant Article of the Act and Articles 67 subparagraph 1 and 23 (3) of the Industrial Safety and Health Act concerning facts constituting a crime (excluding punishment)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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