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(영문) 대전지방법원 논산지원 2016.03.22 2015고단661
산업안전보건법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a joint business owner of “E” as a corporation established for the purpose of civil engineering work business, etc., and Defendant C is a joint business owner of “E” as a corporation established for the purpose of civil engineering and construction work business, etc., and Defendant A is a joint business owner of “E”, and Defendant A is a general safety and health manager as the site manager of “E”.

1. The defendant A business owner shall be built of a structure with sufficient strength to take protective measures, such as safety rail, fence, vertical fall telescopes, covers, etc., at places where workers are likely to fall down, as the end or opening of the work board and passage, and in cases where moving-type rains are assembled and works are carried out, a safety rail shall be installed at the top of the non-meter;

Nevertheless, at the above “E” site on June 1, 2015, the Defendant did not install a safety rail on the opening of 102 Dong 102-dong 102-dong and the elevator set of 102-dong 9-dong 101, and did not install a safety rail at the highest part of the mobile-type non-string system used in heating work at the community center.

2. Defendant B, who committed an act on behalf of the Defendant, failed to take safety measures necessary to prevent harmful risks to workers, as described in the above paragraph (1).

3. The Defendant C, who committed an act on behalf of the Defendant, failed to take safety measures necessary to prevent harmful risks to workers, as described in the above paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. Inspection marks of construction safety and health supervision, results of supervision, and orders for correction;

1. Application of Acts and subordinate statutes to joint tariff agreements;

1. Article 67 Subparag. 1 and Article 23(3) of the Industrial Safety and Health Act; Defendant B, stock company, and Defendant A: Articles 71, 67 Subparag. 1, and 23(3) of the Act on the Safety and Health of Industries; and each of them shall be punished by a fine.

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