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(영문) 수원지방법원 2020.04.24 2019고단6394 (1)
산업안전보건법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

1. The Defendant’s status and subcontract-related relationship is a juristic person established for the purpose of the construction of reinforced concrete with the main office of the building B and C, and a business owner who subcontracted the “soil and reinforced concrete construction work” among the “F construction work,” which is over the period from Ma from Ma in Mosung to Ma in Masung, with the subcontract price of KRW 1,906,33,000 from G Co., Ltd. (hereinafter “G”), and carries out the said construction from August 29, 2016.

H is a person who is a person in charge of safety and health management of a corporation for which the defendant is contracted and is responsible for the safety and health of his employees.

2. Criminal facts;

(a) Where a business owner performs excavation works of the ground, the height of which is at least two meters of the excavated surface, he/she shall conduct a prior investigation into the relevant work, topography, ground and ground and ground surface conditions, etc. in order to prevent hazards to workers, and record and keep the results of such investigation in consideration of the results of such investigation, he/she shall prepare a work plan including methods and order of excavation, methods of removing earth and sand, necessary personnel and methods of using equipment, plans for placement of orderrs, methods of installing earth mounds, measuring plans, etc. and have them conduct the work in accordance with such plan;

In addition, when the business owner excavates the ground, he/she shall classify the excavated ground into the earth and rocks normally and ensure that the ground is in conformity with the criteria according to the type of the ground (wetland, dry site, winding rock, brick rock, and light rock). In the course of excavation work, if the excavation work is likely to cause danger to the workers due to the collapse of the ground or the falling of soil and rocks, he/she shall take necessary measures to prevent such danger, such as the installation of earth mounds, installation of protective networks, prohibition of workers' access.

H On May 6, 2019, the victim I (the 56-year-old employee) who is a daily worker employed by the Defendant for the purpose of connecting tar inside the pipe to the connection of drainage pipes at the “J-Reinforcemented Construction Works” site during the “F Works.”

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