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(영문) 대전지방법원 2020.06.19 2020고정512
산업안전보건법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a director at the site of “new construction of a D building” constructed in the area of the Chungcheong Donsan-gun C, and is in the position of a person in general charge of safety and health who is responsible for performing safety and health measures for workers belonging to the site on behalf of the business owner

On October 23, 2019, the Ministry of Employment and Labor performed on the site of “new building construction works” by the Ministry of Employment and Labor, as a result of the fall accident prevention planning and supervision, the Defendant violated the Occupational Safety and Health Act by failing to perform the following safety measures:

1. In the event that safety steps are installed to prevent the danger of falling, etc. of workers, the business owner shall consist of upper rail lines, middle rail lines, end railboards and rail poles, but did not install the middle railer between the safety accidents installed on the part of main stairs (1 to 3.5 floor) open (1.5 floor height: 1.5 meters);

(Article 13 subparag. 1 of the Rules on Industrial Safety and Health Standards)

2. Although the business owner has to install a safe distance on the side of the stairs the height of which is not less than 1 meter, he did not install a safe distance on the side of the E-dong main stairs (3.5 to 4 stories) open (1.5 meters in height of stairs):

(Article 30 of the Rules on Industrial Safety and Health Standards)

3. Where a business owner is extremely difficult to install a rail, etc. or he/she is required to dismantle a rail temporarily due to the necessity of his/her work, he/she did not install a safety watch net at the opening section (large 0.5 meters, total 8 meters, height 1.8 meters, height 20 meters, height 20 meters at the highest floor) formed on the inside side of the E-dong external wall type framework where it is impracticable to install a safety signal among employees despite the danger of fall, but it is impracticable to install a safety signal system;

(Article 43(2) of the Rules on the Standards for Industrial Safety and Health

1. Defendant's legal statement;

1. Plans and reports on planning and supervision of the prevention of the fall of construction business (Secondary) in October 2019, inspection orders, supervision inspection marks, confirmations, supervision reports, corrective orders, and other written orders;

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