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(영문) 제주지방법원 2020.04.24 2020고단223
산업안전보건법위반
Text

1. Defendant A shall be punished by a fine not exceeding five hundred thousand won;

Where the above defendant fails to pay the fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) except subparagraph B (hereinafter referred to as “Defendant Co., Ltd.”) is a corporation being executed with 11 full-time workers from March 16, 2019 when it was awarded a contract for “E new construction work” located in D at the time of the proposal ordered by C, etc., and the Defendant Co., Ltd is a person who is comprehensively responsible for the prevention of workers’ industrial accidents by

1. Defendant A

(a) Where a business owner in violation of the safety railing structure and installation requirements installs a safety railer in order to prevent the danger of workers' fall, etc., the upper railer shall install the upper railer at a point of not less than 90cm from the surface of the floor, projecting board, or slope (hereinafter referred to as “floor, etc.”) and where the upper railer is installed at a point of not more than 120cm, the middle railer shall be installed in the middle of the upper railer and the floor surface, etc., and where it is installed at a point of not less than 120cm, the middle railer shall be installed in two or more parts and the lower part of the rail shall be installed in a way not exceeding 60cm

Nevertheless, around September 17, 2019, Defendant A installed 140cc height at the 140cc height at the 1st floor slabs of the ground level at the construction site at the construction site at the above new construction site at the 140cc but only 1cc height at the 100cc height.

(b) A business owner who has violated the protective measures, such as an opening, etc., shall install a structural reinforced with sufficient strength to take protective measures, such as safety railings, fences, vertical fall net, cover, etc., at a place where the workers might fall down, as the end or opening of the work launch board and passage, and in the case of installing a cover, it shall be installed so as not to rear or fall.

Nevertheless, around September 17, 2019, Defendant A did not install a safety gap in the part of the dwelling space of the second floor Fho Lake at the above new construction site (the height is 270cm).

C. The business owner who violated a railing of stairs is in danger of safety in the aspect of open stairs the height of which is not less than 1m.

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