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(영문) 대전지방법원 2016.11.18 2016고정1040
산업안전보건법위반
Text

1. The defendant shall be punished by a fine of five hundred thousand won;

2. An order to make the provisional payment of the amount equivalent to the above fine;

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) is a business owner who is a corporation established for the purpose of building construction business with its head office located in Class B.

C As workers belonging to the defendant company, the defendant company is the director at the site of "New Construction Corporation of the Emiddle School" in Sejong Special Self-Governing City D performed by the defendant company and is in the position responsible for safety and health management for preventing industrial accidents of workers participating in the construction site

On May 20, 2016, at the time when a labor inspector planned and supervised the construction site, C violated the Occupational Safety and Health Act regarding the Defendant Company’s business of “E-middle School New Construction Works” due to failure to perform safety measures as follows. A.

The business owner shall install a working scaf in such a manner as assembling a scaf in cases where workers are likely to be dangerous in the course of conducting work in a place where workers fall or are likely to fall (excluding the end, opening, etc. of the working scafs).

(Article 42 of the Regulations on Standards for Industrial Safety). Nevertheless, C did not install a work order board at the second and second parts of the construction site B.

(b) In the places where workers might fall down, as the end or opening part 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, cover, etc.;

(Article 43 of the Regulations on Standards for Industrial Safety). Nevertheless, C did not install safety risks at the end of the entire outer part of the Adong and B Dong floor at the construction site at the above construction site, and did not install mobile non-school safety risks.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. A certificate of safety and health supervision, a written confirmation, a report on the results of supervision, a corrective order, and a business trip name;

1. Details of the execution of the corrective order;

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