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(영문) 서울행정법원 2021.03.26 2020구합79882
재해율 공표처분취소
Text

The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff entered into a contract with Company B on “D Installation” (hereinafter “instant construction”) that is undertaken in Yeongdeungpo-gu Seoul Metropolitan Government Group C (hereinafter “E”), and entered into a contract with Company E (hereinafter “E”) to subcontract the part of the construction of soil and structures during the instant construction with Company E (hereinafter “E”).

B. The Plaintiff sent his employees F, and E dispatched his employees G to the head of the relevant site, respectively, to direct the construction site of this case and to take charge of safety management of workers.

(c)

E, around 13:00 on December 21, 2019, among the instant construction sections, had a protective wall installed on the front side of the H building in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, using the ninike and one ton roller vehicle, etc., while proceeding to re-Packing the container on the road.

(d)

E Workers I tried to set up a protective wall installed in the above place on December 22, 2019. On December 22, 2019, around 07:20, the ground of India, located between the temporary road and the building, as water supply management was destroyed and water was leaked.

I fell into the polluted and destroyed water supply pipes, and went into death (hereinafter “the instant disaster”). E. The Korea Industrial Safety and Health Corporation (hereinafter “Corporation”) entrusted the Defendant with the work of calculating the rate of occurrence of an industrial accident in construction business and notifying related institutions pursuant to Articles 65(2)1 and 4(1)8 of the former Industrial Safety and Health Act (wholly amended by Act No. 16272, Jan. 15, 2019; hereinafter “former Act”), Article 47(2) of the former Enforcement Decree of the Industrial Safety and Health Act (wholly amended by Presidential Decree No. 30256, Dec. 24, 2019).

Article 3-2(1) of the former Enforcement Rule of the Industrial Safety and Health Act (wholly amended by Ordinance of the Ministry of Labor No. 272 on December 26, 2019; hereinafter “Enforcement Rule of the former Act”) related to Article 3-2(1) [Attachment 1].

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