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(영문) 대전지방법원 2019.07.11 2019고정330
산업안전보건법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a corporation established on November 29, 2007 for the purpose of operating a construction business with the Seo-gu building B and C head office in Seo-gu, Seo-gu, and a business owner who contracted from D Co., Ltd. on May 2, 2015 for the construction cost of 168,300,000 won in construction cost during the construction work for E-ju house expansion work.

F is a director at the site of the above-mentioned construction performed by the defendant, who is responsible for the management of safety and health affairs for the prevention of industrial accidents of workers belonging to the above construction site.

The business owner shall connect or set up two or more support points so that the work launch is not satisfing or falling down at the place of work, the height of which is not less than 2 meters.

(Article 56 of the Regulations on the Standards for Industrial Safety and Health). Business owners shall install a reinforced structure with sufficient strengths in places where workers might fall down, such as safety risks, at the end or opening of a work plate and passage.

(Article 43(1) of the Rules on the Standards for Industrial Safety and Health (Article 43(1) of the said Rules). F, on June 8, 2015, by failing to take the aforementioned safety measures, caused two workers (G and H) who are engaged in the installation of a 3th floor tent heat at the site of the construction work for the extension of the building in question, to the steel pipe connected to the floor above the third floor of the stairs and BT, and caused the injury (g93 days of injury, H92 days) away from the ground.

The Defendant did not take necessary measures to perform his/her duties in order to prevent industrial accidents by his/her employees.

Summary of Evidence

1. Defendant's legal statement;

1. Each interrogation protocol of judicial police officer against F and I;

1. The statement made by senior judicial police officers in G;

1. Response to a request for the insurance benefit ledger, a copy of the standard contract for private construction works, a copy of the standard subcontract for construction business, a certified copy of the corporate registry, a report on the occurrence of a disaster, and H 2;

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