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(영문) 청주지방법원 충주지원 2018.11.16 2018고단504
산업안전보건법위반
Text

1. Defendant A shall be punished by a fine of twenty million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is the representative of Defendant B Co., Ltd. in the Chungcheongbuk-si, and is a general manager responsible for the management and supervision of safety and health of employees belonging to the said company, and as the actual manager of Defendant C Co., Ltd. in the same city, he is a general manager responsible for the management and supervision of safety and health of employees belonging to the said company. Defendant B Co., Ltd. is a corporation engaged in the business of manufacturing asphalt products, etc., and Defendant C Co. is a corporation engaged in concrete manufacturing, etc.

1. Defendant A

(a) A business owner violating the Industrial Safety and Health Act around March 14, 2018, when he/she engages in the work of using the rolling stock system, shall place a leading person, take necessary measures, such as preventing the collapse of the ground, the prevention of the collapse of the sideway, and the maintenance of the width of the road, and shall conduct a prior investigation into the relevant work, the topography, ground ground and ground condition, etc. in the workplace, and keep records thereof in order to prevent any danger to workers, and shall prepare a work plan in accordance with that plan, taking into account the results of the investigation, and have him/her conduct the work in accordance with that plan.

Nevertheless, around 11:00 on March 14, 2018, the Defendant did not take necessary measures to prevent risks, such as posting persons who maintain or induce the width of the road, because the width of the road, which is driven by the excavated machine (roway) at the place of business of the B Co., Ltd. located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, includes a narrow and its side of the road, and even though the machine is in danger of breaking up or falling down, the Defendant did not take necessary measures to prevent danger, such as placing those who maintain or induce the width. The Defendant did not prepare a work plan after pre-surveying the geographical conditions, etc. of the work using the excavated machine and the workplace

Ultimately, the Defendant violated the duty of safety measures as above and thereby, F is a worker belonging to the above company at the same time.

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