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(영문) 전주지방법원 2019.05.28 2018고단877
산업안전보건법위반
Text

Defendant

Limited Liability Company A shall be punished by fine of KRW 1,00,00, Defendant B shall be punished by imprisonment of August, and Defendant D shall be punished by imprisonment of six months.

Reasons

Punishment of the crime

"2018 Highest 877"

1. Defendant B is a person in charge of safety and health management who has to observe and implement the Industrial Safety and Health Ordinance for the sake of safety and health of his employees while taking overall charge of management as representative director A of a limited liability company A in Geumcheon-gu Seoul Metropolitan City E

A business owner shall, in operating his/her business, take measures necessary for the prevention of hazards caused by machinery, tools and other equipment, explosives, inflammable or inflammable substances, and risks caused by electricity, heat or other energy, and shall take measures necessary for the prevention of hazards caused by improper work methods, etc. in the course of excavating, quarrying, unloading, unloading, timbering, transporting, operating, dismantling, handling heavy objects, handling heavy objects, and other work, and shall take measures necessary for the prevention of such hazards at places where workers might fall at work, sand or structures, etc. might collapse, places where sand or structures, etc. might collapse, or any other places where dangers caused by natural disasters might occur in the course of work.

Nevertheless, the Defendant violated the Occupational Safety and Health Act on four occasions during the special supervision process conducted between December 11, 2017 and December 13, 2017, as follows.

(1) Where a business owner installs a safety rail in order to prevent the fall, etc. of workers, he/she shall install a structure that meets the criteria for its composition, such as the upper rail, middle rail, end rail, and rail pole.

Nevertheless, the Defendant did not install a safe watch on the part of stairs that are going up to the second floor of chemical drugs in the sewage separation pipe (wastewater purification room) in the above business place, and used a safe watch without installing a upper rail, and did not prevent the crash.

(2) The business owner shall handle containers, such as gas, etc. used for adjoining or heating metal.

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