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(영문) 대구지방법원 2020.09.09 2020고단2807
산업안전보건법위반등
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

If A and B fail to pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

D Co., Ltd. is a business owner who received a contract from (ju) E to the “(ju) Haak Factory Construction Corporation” located in the F of the Gyeongbuk-gun, and Defendant B is a head of the field office of the Defendant D in relation to the above construction, who manages all matters concerning the safety and health of workers.

Defendant

A Co., Ltd. is the business owner who subcontracted the steel framed Construction Work from Defendant D Co., Ltd., and Defendant A is the head of the field office to which the Co., Ltd. belongs and manages all matters concerning the safety and health of workers in relation to the said construction work.

1. Defendant A and B business owners shall, at the place where workers might fall down at the end or opening of the work plate and passage, install a strong structure with sufficient strength to take protective measures, such as safety railing and fences, and in cases where it is very difficult to install a rail, etc. or it is necessary to dismantle a rail temporarily due to the necessity of work, install a fall protection net in conformity with the standards, and in cases where it is difficult to install a fall protection net, take measures necessary to prevent the fall danger, such as having workers wear a safety belt;

On the other hand, a business owner who contracts part of a business conducted at the same place shall take measures to prevent industrial accidents, such as the installation of safety and health facilities, when his/her employees work in a place where industrial accidents are likely to fall, such as a place where his/her employees might fall.

Nevertheless, at around 09:10 on November 20, 2019, the Defendants, at the site of the construction of the above Jeju Factory, had the victim G (Nam and 58 years old), who is an employee of C, engaged in the construction of the above Jeju Factory, work at the third floor of the steel-frame structure (highly about 11.6 meters), where workers might fall down, and the safety sprinking or fall down at the end of the structure.

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