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(영문) 서울중앙지방법원 2014.10.17 2014고정3995
산업안전보건법위반
Text

Defendants shall be punished by a fine of two million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. Defendant A, as the representative director of the Company B, is a person who acts on behalf of the said Company for the safety and health management of employees belonging to the scene of “D New Construction” being performed in Jung-gu Seoul, Jung-gu.

On May 27, 2014, at the industrial accident prevention guidance division of the Seoul Regional Employment and Labor Agency, the project owner frequently supervised the trawls at the small and medium construction site. Defendant A violated the safety measures to be taken by the business owner as follows:

Where a business owner falls or is in danger of falling off objects due to work, he/she shall take measures necessary to prevent danger, such as the installation of a flood control net, a vertical protection net, or a protection watch, the establishment of an area where access is prohibited, the wearing of protective outfits, etc.

Nevertheless, Defendant A did not install a protective line at the main entrance of the construction site.

(b) The business owner shall install a work launch board by means of assembling the vision, etc., in case where the workers might be at the time of conducting the work at a place where the workers might fall or fall down;

Nevertheless, Defendant A did not have a work launch plate on the outside vision of the third, fourth, and fifth floor at the construction site.

(c) 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 railing, fences, vertical fall-off net or cover, etc.

Nevertheless, Defendant A did not have a safety gap on the rooftop floor at the construction site, and Defendant A did not have an intermediate gap on the external rain string of the 2-9th floor.

In cases where the business owner assembles a mobile belt and engages in work at the highest part of the non-intersection, he/she shall install a safe distance.

Nevertheless, the defendant A is in danger of safety at the 9th floor moving-type of the construction site.

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