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(영문) 대전지방법원 2017.10.11 2017고단2635
산업안전보건법위반
Text

Defendants shall be punished by a fine of KRW 700,000.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1 Defendant A, the Defendant A, as the site manager of the “D New Construction Works” performed by Company B in Seongbuk-gu, Daejeon Metropolitan City, is a person who is generally responsible for the safety and health of workers belonging to the said Corporation.

On May 2, 2017, the planning and supervision of the fall accident prevention at the Daejeon Regional Labor Agency (hereinafter referred to as the “Planning and supervision”).

As a result of the implementation, it violated the Industrial Safety and Health Act as follows.

(a) Where a business owner installs a safety rail in order to prevent the crash, etc. of workers, he/she shall do so from the surface of the floor area, light board, or slope (hereinafter referred to as " floor area, etc.") in the upper rail;

Where a ground inspection is installed at least 90 centimeters, and where the upper part of a rail is installed at not more than 120 centimeters, an interim railing stand shall be installed in the middle of upper rail, floor area, etc.

(Article 13 subparag. 2 of the Rules on Standards for Industrial Safety and Health) Nevertheless, the Defendant did not install an interim rail straw at the time of planning and supervision, even though he installed the upper rail studs on the part of the stairs room of the first floor, the balcony of the fifth floor and the balcony of the sixth floor above the floor level of the floor, etc.

(b) A business owner shall install a safety rail on the side of a stairs the height of which is at least 1 meters open;

(Article 30 of the Rules on Standards for Industrial Safety and Health) Nevertheless, at the time of planning and supervision, the Defendant did not install a safety rail on the open side of the stairs inside the second underground floor with a height of falling risk in the field about 3.3 meters.

(c)

In a place where workers might fall down as the end or opening of the work board and passage, the business owner shall do so, such as a safety rail, fence, vertical fall telescope, or cover, etc. (hereafter in this Article referred to as "rails, etc.").

The protection measures shall be installed with a strong structure with sufficient strengths, and in the case of installing a cover, it shall be cut back or lowered.

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