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(영문) 광주지방법원 2016.05.04 2016고정291
산업안전보건법위반
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a private building business operator who performs construction works by subcontracting in KRW 66,50,000 from the original comprehensive construction company in the field of the Seo-gu Seoul Construction Corporation located in Seo-gu, Seo-gu, Gwangju with subcontracting in KRW 66,50,000.

A. A business owner is required to strong the structure with sufficient strength to protective devices, such as a safety rail, fence, vertical fall net, or cover, at a place where a worker is at the risk of falling, as the end or opening of the work launching and passage. However, the Defendant, around September 14, 2015, ordered workers to work for getting steel from the first floor to the first floor above the ground and caused workers' death by failing to install the above protective devices at the first floor below 3.4 meters.

B. Although a business owner has maintained the floor of the workplace in a safe and clean state so that he/she does not keep the risk of getting off or getting out of the workplace, the Defendant did not maintain the floor of the workplace in a safe and clean state by making materials, hardware, etc. available on the floor passage of the first floor workplace when supervising a serious accident on October 6, 2015.

(c)

Although the business owner is required to install safety rails on the open side of stairs the height of which is at least one meter, the Defendant did not install safety rails on the stairs passage moving from the first floor to the first floor at the time of supervision over a serious accident on October 6, 2015.

(d)

Although the business owner is required to install a work board by assembling the vision at a place where the crash risk exists, the Defendant did not install a work board at the place where the business owner was supervised by a serious accident on October 6, 2015.

(e) The business owner shall be in the form of a safety rail, fence, or vertical watch at a place where the worker might fall, as a end or opening part of the work board and passage.

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