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(영문) 수원지방법원 안산지원 2019.01.23 2018고단2553
산업안전보건법위반
Text

Defendant

A A Company shall be punished by a fine of 5,000,000 won, Defendant B shall be punished by a fine of 5,000,000 won, and Defendant C Company.

Reasons

Punishment of the crime

【Status of Defendant A Co., Ltd. is a company established for the purpose of housing construction business, etc. located in Yongsan-gu, Yongsan-gu, Manyang-si, and is a business owner performing construction works from July 13, 2016 to April 2019, upon receiving a contract from F Co., Ltd. for “H new construction works” located in G in Sisti-si.

Defendant

B is the site manager of the “H new construction project” performed by the said A Company, and is a person in charge of overall management of the safety and health of workers engaged in the work at the construction site.

Defendant

C Co., Ltd. is a company established for the purpose of the Eunpyeong-gu Seoul Metropolitan Government I Building and the interior building construction business in J, and is a business owner who subcontracted interior wood construction works from the above A Co., Ltd. to August 9, 2017.

Defendant

D Of the above "H new construction works" performed by the above C, it is a person who is a director at the site of interior trees construction works and controls and manages the safety and health of workers of the above C who are engaged in the work at the construction site.

【Criminal Facts】

1. On November 10, 2017, Defendant D, among the “new H construction works” in the above “H construction works, had K and victim L (year 46) (a) who is an employee of the said C on the second floor of MDF jointboard on the second floor of MM Dong (Ga 1,220m, length 2,40m, length 2,40m, thickness 12m, weight 18.75mm, weight 18.75mg) load on a lifts and load on the top floor.

In the course of excavating, quarrying, unloading, timbering, transporting, operating, dismantling, handling heavy objects, and other operations, business owners shall take necessary measures to prevent hazards caused by defective working methods, etc., and in particular, there was a duty of care to prepare a work plan for handling heavy objects, including measures to prevent the collapse, electric shock, narrowness and collapse, and to have them perform the work in accordance with such plan.

Nevertheless, the defendant is above K, K.

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