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(영문) 광주지방법원 2019.03.28 2018고정726
산업안전보건법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a personal business operator who executed the "ASP Co., Ltd. Construction Project" in the "ASP Construction Project Co., Ltd." constructed in Gwangju Mine-gu Co., Ltd. in the amount of not less than 5 million won from Co., Ltd., and is a person who actually controls the safety and health of on-site workers.

1. A business owner shall conduct a prior inspection of the topography, ground condition, etc. at the relevant workplace in order to prevent any danger to workers due to the fall of the relevant machinery, collapse of the ground, etc. in order to prevent the occurrence of danger to workers, and record and keep the results thereof, and prepare a business plan which includes the types and performance of construction machinery used in consideration of the results of the investigation, vehicle system operation routes of construction machinery, and work methods by vehicle meters, and take measures necessary to prevent any danger caused by machinery, tools and other equipment by having the workers perform work in accordance with the plan;

Nevertheless, on December 18, 2017, the Defendant did not take measures necessary to prevent any danger caused by machinery, apparatus and other equipment by failing to conduct a prior investigation into the topography, ground condition, etc. of the relevant workplace and not recording and keep the results of the investigation while having an employee conduct a dump truck, asphalt sp truck, etc. using a vehicle-based construction machinery in the field of “ASB Construction Project” in Gwangju Mine-gu, Gwangju, on December 18, 2017.

(b) When a business owner engages in work using a vehicle gauge, he/she is in contact with the relevant vehicle gauge and is at risk of workers.

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