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(영문) 서울남부지방법원 2013.10.31 2013고정3053
산업안전보건법위반
Text

Defendant

A A shall be punished by a fine of KRW 700,000,000,000,000,00

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is a person who is generally responsible for the safety and health of his employees, and is a person who acts for Defendant B, a business owner, as the head of the site office of the Gangseo-gu Seoul Metropolitan Government Construction Corporation of D Language Research Institutes.

Defendant

The State-Si Company B is a corporation established for the purpose of the construction business located in Ansan-gu, Ansan-si E from April 10, 2013 to the Gangseo-gu, the "D Language Institute New Construction Corporation" in Gangseo-gu C is a business owner who has received 300 million won from D Language Institute and has used 4 full-time workers.

1. As to the supervision of the special dynamics conducted on June 24, 2013 at the site of the “New D Language Institute Construction Corporation” located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul:

A. Although the business owner has to install a safety distance on the open side of stairs with a height of not less than 1m, the Defendant did not install a safety distance on the part of stairs from the first floor with a height of not less than 1m to the rooftop.

B. Although a business owner is required to install a safe distance at a place where workers might fall down, as a end or opening part of the work plate and passage, the Defendant did not install a safe distance at the front opening part of the three-story slot and the first floor elevator.

2. As to the Defendant’s business, Defendant B did not take safety measures necessary to prevent industrial accidents by workers, as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Defendant A’s written confirmation;

1. A list of supervision and inspection of construction safety and health (integrated);

1. Photographs (Matters to be discovered as a result of supervision over parlrawls);

1. Report on completion of the corrective order;

1. Application of Acts and subordinate statutes on verification reports;

1. Article 67 subparagraph 1 of the Occupational Safety and Health Act and Article 23 (3) of the same Act (Selection of Fine): Defendant B corporation: Articles 71, 67 subparagraph 1 of the same Act and Article 23 (3) (Selection of Fine) of the Occupational Safety and Health Act;

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