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(영문) 서울중앙지방법원 2016.04.21 2016고정780
산업안전보건법위반
Text

Defendants shall be punished by a fine of KRW 1,200,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a site manager of "D Building Extension Works in Gangnam-gu Seoul Metropolitan Government" performed by Gangnam-gu Seoul Metropolitan Government C, who is responsible for all matters concerning the safety and health of his/her employees.

Defendant

B A corporation is a corporation that has carried on construction business in Gangnam-gu Seoul and 203.

1. Defendant A

(a) In the places where workers might fall down, as the end or opening part of the work launching and passage, the business owner shall install a reinforced structure with sufficient strength protection measures, such as safety railing, fence, vertical fall net, or cover, etc.;

Nevertheless, safety rail has not been installed at the entrance of 11th floor materials.

(b) A business owner shall take safety measures, such as attaching materials, parts, etc. so that they do not go beyond products, materials, etc.;

Nevertheless, the 10th above ground did not implement a fixing of mountain communication and LPG gas supply.

(c)

No business owner shall install electric wires, mobile wires, etc. on the floor of a passage and use them.

Nevertheless, the temporary cable was installed and used on the floor of the 10th working site of the ground.

2. Defendant A’s act on behalf of Defendant B Co., Ltd. did not take safety measures necessary for preventing industrial accidents as stated in the facts constituting the crime of the preceding paragraph.

Summary of Evidence

1. Defendants’ respective legal statements

1. Inspection table of supervision at the construction site of the same Section, business registration certificate, contract for construction works, and appointment of a general manager for safety and health management;

1. Report, and application of Acts and subordinate statutes to the correction order as a result of supervision;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 67 subparag. 1, 23 subparag. 1 (a) and 67 subparag. 1, and 23 subparag. 1, and 23 subparag. 3 (a) of each Industrial Safety and Health Act; Selection of each fine;

B. Defendant B Company: Articles 71 and 67 of the Safety and Health Act.

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