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(영문) 부산지방법원 동부지원 2020.01.16 2019고정661
산업안전보건법위반
Text

Defendant

A shall be punished by a fine of one million won, and the defendant B shall be punished by a fine of five hundred thousand won.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A is a person in charge of safety and health of his employees as the head of the field office of B Co., Ltd. who employs five full-time workers after being awarded a contract for the “multi-household building construction corporation in Busan Shipping Daegu C” located in Busan Shipping Daegu C, and employs five full-time workers.

Where a business owner installs a safety accident to prevent the falling, etc. of workers, he/she shall install the structure in compliance with the standards under Article 13 (6) and (7) of the Occupational Safety and Health Regulations.

Nevertheless, around 14:30 on August 28, 2019, the Defendant installed a structure that does not meet the criteria for the safety distress installed in the three-story elevator opening department and the five-story part at the construction site.

(b) A business owner shall install safety risks on the open side of a stairs the height of which is at least one meter pursuant to Article 30 of the Occupational Safety and Health Regulations;

Nevertheless, at around 14:30 on August 28, 2019, the Defendant did not install a safe distance on the part of the stairs of the 2-5th floor building at the construction site.

(c) Pursuant to Article 43(1) of the Occupational Safety and Health Regulations, a business owner shall take protective measures, such as safety distresses, fences, vertical fall-off nets, or covers, at a place where workers might fall down, as a end or opening part of the working board and passage.

Nevertheless, at around 14:30 on August 28, 2019, the Defendant did not take protective measures against the opening of the elevator opening of the first, second, fourth floor, fourth floor, the opening of the installation section of building windows, and the opening of the stairs room.

2. Defendant B is a business owner who was established for the purpose of construction business, etc. with its head office in the F in Gyeongnam-si.

The defendant A, who acts for the defendant at the time and place specified in paragraph (1), committed an illegal act as described in paragraph (1) in relation to the defendant's business.

Summary of Evidence

1. Defendants’ respective legal statements

1. An order of inspection, a report on the results of labor supervision, a certificate of on-site inspection, a business registration certificate, a full certificate of registered matters, and a contract for construction works, as applicable by statutes;

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