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(영문) 서울서부지방법원 2017.11.01 2017고정1115
산업안전보건법위반
Text

Defendants shall be punished by a fine of two million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. Defendant A is the Defendant Company B’s site manager and the business owner performing the “Down Construction Work” in Mapo-gu Seoul District Court, Seoul Western District Court, and the outer wall replacement Work, and is all responsible for the safety and health of workers at the above site.

(a) In case where a worker installs a safety rail at a place where it is likely to fall down as a part of the end or opening of the work board, the business owner shall install the middle rail gate in the middle of the upper rail and the floor side;

Nevertheless, on April 11, 2017, Defendant A did not install an interim rail of the above structure in four pages (eight places in total) for the above construction site.

(b) Business owners shall take measures necessary to prevent any danger, such as a vertical protection net, if material objects are removed or are likely to fall from work;

Nevertheless, Defendant A did not install a vertical protection net on April 11, 2017, despite the risk of decrease of material objects, on the outer wall of the building at the construction site.

2. Defendant B Co., Ltd. is a juristic person established for the purpose of construction business, etc., and is a juristic person performing construction work using 10 workers from November 1, 2016 to April 29, 2017 by being awarded a contract for KRW 1,041,47,000 from the Supreme Court (Seoul Western District Court) (Seoul Western District Court) to “the replacement construction work for another day off the Seoul Western District Court’s legal windows and outer walls.”

Defendant

B, the representative of the corporation, Defendant A, as the representative of the corporation, violated the duty to take safety measures under the Industrial Safety and Health Act as stated in the above 1.

Summary of Evidence

1. The defendant A's partial statement

1. A report on the results of supervision and a list of the supervision of safety and health;

1. A written order for correction or a written order for partial work suspension;

1. Photographs before and after the correction;

1. Application of business registration certificate, certificate for all registered matters, and copy of construction contract;

1. Article 1 of the relevant Act and subparagraph A of the final sentence regarding criminal facts: Each industrial safety and health law;

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