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(영문) 의정부지방법원 2014.05.29 2014고정141
산업안전보건법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged in this case is that C as the representative director of D Co., Ltd. (hereinafter “D”) is a person responsible for safety and health management for workers belonging to the “G-si E and F’s “G-si Construction and Removal of Bogeumjari Housing District” (one construction section).

D is a business owner who is a corporation established on September 1, 2009 for the purpose of dismantling or removing asbestos at H 408, Mangsan-dong-gu, Mangsan-si and is performing construction works for the construction of the G Bogeumjari-gu (hereinafter “I”) with a contract for KRW 351,253,500 from I Co., Ltd. (hereinafter “I”).

The J is a general manager of safety and health management for workers under his/her control and the contractor's workers as the site manager of the "G Bogeumjari Housing District Construction Project" performed by I.

I is a corporation established on May 2, 1980 for the purpose of construction in Songpa-gu Seoul Metropolitan Government, and is a business owner who performs construction works jointly with the defendant (90% of the equity ratio) in the amount of KRW 36,94,598,000 from LH Corporation to KRW 36,94,598,00.

The Defendant is a corporation established on May 10, 200 for the purpose of construction business in L at the time of resident stay, and is a business owner who jointly received the “G Bogeumjari Housing District Development Project” from LH Corporation in the amount of KRW 36,94,598,00 (10% of the equity ratio).

Pursuant to Article 23 (3) of the Occupational Safety and Health Act (Article 43 (2) of the Regulations on the Standards for Industrial Safety and Security), a business owner shall take measures necessary to prevent the collapse of workers, such as having workers wear a safety belt, if it is impracticable for workers to install a rail, safety watch net, etc. at a place where the workers might fall, as a end or opening part of a work plate and passage.

Nevertheless, on September 25, 2012, C intended to remove roof floors (e.g., horizontal floors located in the highest part of the roof) at the site of dismantling or removal of buildings E, among the construction works to remove public housing zones (one construction section), and dismantle and remove slates.

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