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(영문) 광주지방법원 순천지원 2017.07.13 2017고단52
산업안전보건법위반
Text

Defendant

A and B Co., Ltd. shall be punished by a fine of KRW 5 million, and each fine of KRW 3 million for Defendant C and D Co., Ltd.

Reasons

Punishment of the crime

Defendant

D Co., Ltd. is a corporation established for the purpose of construction with 80 full-time workers in Nam-gun G, Nam-gun G, which is a business owner who performs I work on a contract with 9,312,19,000 won from Jeonnam-do.

Defendant

C is a person who is responsible for the safety and health management of workers belonging to the Corporation and the contractor's employees as a site director of the above I Corporation.

Defendant

B Co., Ltd. is a corporation established for the purpose of construction by making full-time 10 workers in the J at all times, and is a business owner who performs construction works by receiving subcontracting from the above D Co., Ltd. in the amount of KRW 2,144,484,00 among the above I.

Defendant

A is a person who is responsible for the safety and health management of his/her employees with the site director of the above corporation B.

1. In the event that excavation work is likely to cause danger to workers due to the collapse of the ground or the falling of soil and rocks, Defendant C and the business owner are obliged to take necessary safety measures in advance to prevent such danger, such as the installation of earth mounds, installation of protective networks, prohibition of workers’ entry, etc.

On April 1, 2016, around 16:15, a pipe was laid off by installing earth bags at the construction site of the above pipe, and the earth door was removed by the last work, and then the reclamation was conducted by covering the above soil (hereinafter referred to as "reshing work").

Since the last work is conducted in the state of removal of earth blag due to the final work, the risk of collapse should be high so that no access should be allowed to a person who is not related to the work.

Nevertheless, the Defendants are taking appropriate measures to prohibit access to the work site and proceed with work without support.

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