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(영문) 대구지방법원 서부지원 2015.03.27 2015고정99
산업안전보건법위반
Text

Defendant

B A corporation shall be punished by a fine of KRW 300,000.

Defendant

B The amount equivalent to the above fine shall be paid to the corporation.

Reasons

Punishment of the crime

1. Defendant A’s act on behalf of Defendant B, a business owner, is a person responsible for the management and supervision of the safety and health of his employees as the head of the site office of the Daegu-gun Apartment Construction Project, the Daegu-gun Apartment Construction Project.

The business owner shall take necessary measures, such as installing a safe watch at the end of the work launch board and passage, in places where workers might fall down at the end of the work launch board and passage.

Nevertheless, on October 17, 2014, Defendant A did not take necessary measures, such as installing a safe rail at the end of the work launch and passage, which are likely to fall, while allowing employees belonging to the scene to work on the job site.

(b) Where it is very difficult for a business owner to install a safety net or it is required to dismantle a temporary rail, etc. because of the need for work, he/she shall take measures necessary to prevent the fall risk, such as having workers wear a safety belt;

Nevertheless, on October 17, 2014, Defendant A did not take necessary measures to prevent the falling risk, such as having his/her employees work at a place at a risk of falling down at the site, and having them wear a safety belt.

Accordingly, Defendant A did not take necessary measures for the safety of workers in carrying out the business.

2. Defendant B Co., Ltd., a corporation incorporated on May 20, 2003 for the purpose of construction business, is a corporation owner that executes construction works of Daegu-gun apartment construction works with the amount of 70 billion construction cost and construction period from April 21, 2014 to July 20, 2016, using 180 full-time workers.

Defendant

B The Defendant A, an employee, did not take safety measures to prevent disasters as above.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made to D by the police;

1. The charge shall be accompanied by the chief of the accusation;

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