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(영문) 의정부지방법원 2018.12.20 2018고정1491
산업안전보건법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A is a person who is a director at a D-site site outside Gyeonggi-gun C and a person who controls the safety and health affairs of employees belonging to the site and who acts for a stock company B.

On July 10, 2018, the Defendant violated the Industrial Safety and Health Act, as follows, when he oversees the vulnerable time (mail metal) that was conducted in the above D on July 10, 2018 in order to prevent accidents such as collapseing inundation.

A. A business owner must install a safe passage to be used by a worker at a place or workplace leading to the workplace and maintain it at all times (Article 22(1) of the Rules on Industrial Safety and Health). Nevertheless, the Defendant did not have a safe passage to be used by the worker at the above site integration entry department.

B. If a business owner installs a bridge decoration, etc., he/she must use materials that do not have serious damage corrosion (Article 24(1)2 of the same Rule). Nevertheless, the Defendant used materials that damaged or are in corrosioned on the surface of a temporary passage (a steel sridge).

(c)

A business owner shall install a safety rail on the open side of a stairs the height of which is not less than one meter (Article 30 of the same Rule). Nevertheless, the Defendant did not install a safety rail on the open side of the temporary stairs for entry into the underground floor.

(d)

A business owner shall install a strong structure with sufficient strength to take protective measures, such as safety rail or cover, at a place where a worker is at risk of falling (Article 43(1) of the same Rule). Nevertheless, the Defendant did not install a cover cover at the opening of the entrance floor of the first floor where a worker is at risk of falling.

(e) Where a business owner installs a work board at a place of work, the height of which is at least two meters, he/she shall install a safety rail if there is a danger of fall;

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