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(영문) 수원지방법원 안양지원 2015.06.19 2013고정856
산업안전보건법위반
Text

Defendant

A shall be punished by a fine of KRW 3,000,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is the head of the management office of the D Commercial Building Round (hereinafter referred to as the “instant Commercial Building Round”) located in the D Building in Ansan-si.

1. A business owner who has violated the Occupational Safety and Health Act due to the death of workers shall prohibit persons other than the workers concerned from entering a place where they might pose a danger to workers by falling, by installing a fence, etc., and shall ensure that workers are employed after maintaining the defects in machinery or protective devices, if such defects are found;

Nevertheless, at around 22:54 on August 29, 2012, the Defendant: (a) confirmed that E (67 years of age) working as the management office of the instant shopping mall in the building, as an employee of the said management office, does not normally operate a mechanical parking machine; (b) entered the parking lot through the three-story mechanical room of the above building; (c) the inside of the said parking lot is a place in danger of falling; (d) the above parking facility is being entrusted with maintenance and repair by the said shopping mall; and (e) it was not a business entity of the above E, thereby allowing the said E to enter the said parking lot; and (e) it was frequently discovered that the parking machine was defective at that time; and (e) at that time, it was necessary to have the said employee use the parking machine after completely maintaining the parking machine; and (e) in order for the said employee to open the parking room to be in charge of the said mechanical room and to leave it to E, including the key to the parking room, while opening the parking machine in the mechanical room and leaving.

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