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(영문) 인천지방법원 2017.03.03 2016고정3383
산업안전보건법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant, a corporation established on September 30, 2013 for the purpose of eight projects, such as construction business, with its head office located in the Seoul Yang Claim B and the fourth floor, was awarded a contract for the “D hotel construction project” in the Nam-gu Incheon Metropolitan City, Seoul, with the construction cost of KRW 2,127,00,000 (excluding surtax) and decided to execute the construction from July 20, 2015 to November 30, 2017.

E From July 8, 2015, it is a person responsible for safety and health of workers under his/her control while serving as a manager in charge of safety and health management at the relevant site and as a warden at the site.

With respect to “Supervision over Preparation against Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma”

A. In order to prevent workers from falling, etc., the business owner must install a safety rail and install a board at a height of not less than 10 centimeters high from the floor surface, etc., but did not install a board at the end at one part of the stairs railing installation that enters the relevant site underground floor.

B. When a business owner installs a temporary passage, he/she must install a safety rail at a place at the risk of fall, but did not install a safety rail at one place at the risk of fall among the aspects of temporary stairs entering the underground floor.

(c)

In the case of the construction of a bridge-style passage, the upper part of the bridge-styles should be over 60 centimeters from the point on which the bridge-styles are located, but it was installed not to be inside the upper part of the bridge-styles installed on the underground floor.

The Defendant did not take safety measures to be taken by the business owner in order to prevent industrial accidents as described above by E, on behalf of the Defendant.

Summary of Evidence

1. A protocol concerning the interrogation of suspects of E;

1. A written statement prepared by the defendant;

1. Application of Acts and subordinate statutes to the inspection table of construction safety and health supervision, report on the results of supervision, corrective order, contract, contract, and on-site agent appointment;

1. Article 71, Article 67 subparag. 1, and Article 23 of the Act on the Safety and Health of Industries related to criminal facts.

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