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(영문) 의정부지방법원 2020.01.21 2019고단1798
산업안전보건법위반등
Text

1. Defendant A shall be punished by imprisonment with prison labor for six months.

However, for one year from the date this judgment becomes final and conclusive, the above sentence shall be executed.

Reasons

Punishment of the crime

"2019 Highest 1798"

1. Defendant A is a person who acts on behalf of Defendant B, who is a chief of the site office who manages the safety and health affairs of employees belonging to the site of “along-gun D New Construction Works” in Gyeonggi-si D. A. A.

At around 13:40 on August 20, 2018, three workers, such as E, F, etc., were evacuated out of the building due to a fire that occurred on the third floor above the ground level in the Coding work for the facilities of the third floor above the ground level, and the F (F, facility construction, and 28 years old) was crashed from the second floor above the ground to the outside of the outer vision and was sent back to the hospital, and died after G (ma, facility construction, 54 years old), and H (ma, facility construction, and 55 years old), and the Defendant violated the following Occupational Safety and Health Act.

In the indoor workplace where the total floor area of a business owner is not less than 400 square meters or not less than 50 workers are on duty, the business owner shall install equipment or appliances for warning to promptly inform workers in an emergency.

(Article 19 of the Rules on the Standards for Industrial Safety and Health). Nevertheless, even though the total floor area of the building was 957.75 square meters, Defendant A did not install warning equipment or devices to promptly inform workers in case of fire or other emergency.

B. In addition, around August 27, 2018, Defendant A violated the Occupational Safety and Health Act as follows as a result of the regular supervision of workplaces where serious accidents occurred at the same site on August 27, 2018.

1) A business owner shall install a safety signal at the open side of the stairs the height of which is not less than one meter (Article 30 of the same Rule). Nevertheless, Defendant A did not install a safety signal on the part of the stairs between the first floor and the fourth floor above the ground surface of the building. 2) The business owner at the end or opening part of the work launching and the passage, where the workers might fall, shall be at the safety signal, fences, and vertical fall telescopes.

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