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(영문) 춘천지방법원 2016.07.13 2016고단321
산업안전보건법위반
Text

Defendant

A and B Co., Ltd. shall be punished by fine of KRW 4,500,000, and Defendant C and D Co., Ltd. shall be punished by fine of KRW 3,500,00.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter referred to as “B,” and the name of all companies omitted) is a corporation for the purpose of the construction business, etc. of metal structures, and Defendant D awarded a contract for the “F Automobile-Related Construction Work” (hereinafter referred to as the “Construction Work”). Defendant A, as a manager of the instant construction work, is a person in charge of the safety and health of employees belonging to the site of the instant construction work contracted by B from D, and Defendant C is a person in charge of the safety and health of employees employed by the contractor of the instant construction work as a manager of the site of D. Defendant C as a manager of the site of the instant construction work.

1. Defendant A

(a) In conducting excavation, quarrying, loading and unloading, timbering, transporting, operating, dismantling, the handling of heavy objects, and other operations, a business owner shall take necessary measures to prevent any danger caused by bad working methods, etc., and, in detail, in cases where two or more workers handle or transport heavy objects, he/she shall determine a certain signal method and give a signal to them, and in cases where he/she performs works for handling heavy objects, he/she shall prepare a work plan including safety measures to prevent the fall of workers and have them perform such work in accordance with such plan;

In addition, a business owner should install a safety net when it is difficult to install a work board or install it in order to prevent the danger at a place where a worker is at the risk of falling during work.

Nevertheless, as a business owner B’s actual manager, the Defendant, who has overall control over the safety and health affairs of workers, stated in the written indictment on December 5, 2015 as “10.” However, it appears to be a clerical error.

10:10 At the same time, the instant construction project implemented in Chuncheon City F violated its obligation to take measures under the Industrial Safety and Health Act as above and simultaneously violates (C in collusion with C).

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