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(영문) 인천지방법원 부천지원 2019.01.31 2018고단2826
산업안전보건법위반
Text

[Defendant A, B, and C] Defendant A, who is a fine of KRW 3 million, and Defendant B, shall be punished by a fine of KRW 5 million.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation engaged in the manufacturing industry, such as vessel repair and shipbuilding, in Incheon Jung-gu, and a business owner who takes a subcontract for the intake pipe for sea sand gathering from Defendant C is obligated to take safety measures to prevent industrial accidents of its employees, and Defendant B is the representative director of Defendant A, who is the person in charge of safety and health management.

Defendant

Co., Ltd. is a corporation established for the purpose of wholesale business in Kimpo-si, and its employees and subcontractors are obligated to take safety measures to prevent industrial accidents. Defendant D is the representative director of Defendant C Co., Ltd. who is responsible for safety and health management.

1. Defendant B

A. Although the Defendant, on November 28, 2017, was required to prepare a work plan in order to prevent workers’ danger and to have workers perform work in accordance with the work plan, the Defendant did not prepare a work plan in order to prevent workers’ danger while performing work using a flag, which is a vehicle-based construction machine, in the above Kimpo-si F (hereinafter “instant site”).

B. In the course of conducting work by using vehicle-based construction machinery, the Defendant did not take measures to prohibit entry into and exit from a worker at a place where workers are at risk of facing each other due to contact with the relevant vehicle-based construction machinery in operation. However, the Defendant did not take measures to prohibit entry into and exit from a worker on November 28, 2017 by using the cater of construction machinery on the instant site.

C. Where work is performed using vehicle-based construction machinery, the Defendant, despite the fact that it is used only for the main purpose of the relevant construction machinery, shall do so on November 28, 2017 at the site of this case.

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