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(영문) 대전지방법원 2017.12.14 2017고단4037
산업안전보건법위반
Text

Defendant

A A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 5 million.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A is a person who is in the position to take safety and health measures necessary to prevent industrial accidents to his employees as the head of the factory of the “B-D Factory” company located in Chungcheong E.

From May 2, 2017 to May 24, 2017, the result of the “regular supervision of the workplace in which an injury occurred” performed by the Daejeon Regional Labor Office for the said workplace, the Defendant breached the Industrial Safety and Health Act by failing to perform the obligation to take safety measures falling under paragraphs (a) through (e) below.

(a) A business owner shall prohibit persons other than the related workers from having access, such as setting up a book at the following work or place:

1. Nevertheless, the Defendant did not take measures to prevent the fall of workers because it did not take measures to prohibit entry into and exit from a position plate for the maintenance of one factory voltages at the time of supervision (Article 20 subparag. 1 of the Rules on Industrial Safety and Health) at a place likely to pose a risk to workers by falling (Article 20 subparag. 1).

B. A business owner shall install a board of work by assembling the vision at a place where a worker is at risk of falling or falling (Article 42(1) of the Rules on Industrial Safety and Health). Nevertheless, the Defendant did not install a work board to prevent workers from falling on the lower part of the first factory voltage B1004, at the time of supervision, without installing a work board to prevent workers from falling.

(c)

In a place where a worker is at risk of falling as the end or opening of the work board and passage, the business owner must install a strong structure with sufficient strength to take protective measures, such as safety railing, fences, vertical fall telescopes, or covers (Article 43(1) of the Rules on Industrial Safety and Health). Nevertheless, the Defendant shall install a rail at the 3 plant voltage B104 No. 3. 5, 1004, at the time of supervision.

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