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(영문) 서울중앙지방법원 2020.01.21 2019고정2444
산업안전보건법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 10,000,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the field director of Defendant B, a corporation with the 23 to 24th floor in Yeonsu-gu Incheon Metropolitan City, who is a person in charge of safety and health management at the site of “E Multi-Family Housing Construction” located outside five parcels of Seocho-gu Seoul Metropolitan Government.

1. Where a safety distress is installed in order to prevent workers from falling, etc., Defendant A’s business owner shall consist of upper rail lines, middle rail lines, end rail plates, and rail pole, and shall be installed in a reinforced structure with sufficient strength to take protective measures, such as safety distress, fences, vertical fall-off networks, or covers, at the end or opening of the work launch board and passage, where workers might fall, and a contact shall be made with the fixed type, mobile type, or non-static metal cells exposed to portable electric equipment or apparatus, among electric machinery, appliances, connected to codes and plugs, in order to prevent the danger of electric shock by leakage;

Nevertheless, at the construction site around July 12, 2019, the Defendant did not install an interim railer while installing a safety signal at the outside rain plate when works to load the retaining wall from the outer wall, and without installing a protective measure, such as a safety distress for the prevention of fall, on the part of the part of the building in the direction of the outer retaining wall construction, the upper part of the balcony of the second floor of the second floor of the household of the second floor of the household, and the part of the building in the direction of the outer retaining wall construction of the second floor of the second floor of the floor of the second floor of the building, which connects the code and plug and uses it, to prevent the danger of shock.

2. The Defendant B, a representative of the Defendant, committed a violation as set forth in paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A supervisory inspection table and written corrective order;

1. Copy of corporate register;

1. Application of Acts and subordinate statutes concerning the issuance of a certificate of employment and appointment of field agents;

1. The Defendants are entitled to the pertinent Article of the Criminal Act and the Defendants’ choice of punishment.

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