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(영문) 서울중앙지방법원 2016.09.22 2015고정3754
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 the representative of Seocho-gu Seoul Metropolitan Government D, and is a safety and health management manager who exercises overall control over the safety and health management of his employees.

Where any worker is at risk of falling or falling off his/her workplace, the business owner shall provide him/her with a safety cap and have him/her wear it, and he/she shall install a work board by assembling the vision, etc.

Where it is impracticable to install a work plate, a safety net shall be installed, and where it is impracticable to install a safety net, a safety belt shall be installed to workers, and where it is impracticable to install a safety light, a safety light shall be installed at a place at a height of at least two meters, which is likely to fall, equipment, etc. to use safe subleases, shall be installed.

Nevertheless, on October 3, 2014, the Defendant had workers E perform the work of expanding the Internet tracks at the site of the Gangnam-gu Seoul Metropolitan Government “DESAM expansion and quality reinforcement work for September 2/V2 (DSAM) located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and did not take the above-mentioned fall preventive measures, and did not work on the bridge.

E was crashed at a height of 3.6 meters, and sustained an injury on the left-hand edge, the left-hand hand, and the right hand hand.

2. Defendant B, a corporation, established on May 27, 2009 with the head office in Seocho-gu Seoul Metropolitan Government, did not take measures on occupational safety and health for preventing industrial accidents as described in the preceding paragraph, as a corporation established on May 27, 2009 for the purpose of conducting information and communications construction business, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, G and H;

1. Statement made by the prosecution against E;

1. An accident scene photograph;

1. Application of response statutes to requests for inquiry about facts by the Labor Welfare Service;

1. Article 67 subparag. 1 and Article 23 subparag. 3 (Selection of Penalty) of the Industrial Safety and Health Act (Article 67 subparag. 1 and Article 23 subparag. 3): Defendant B:

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