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(영문) 광주지방법원 목포지원 2014.12.02 2014고단1469
산업안전보건법위반
Text

Defendants shall be punished by a fine of KRW 500,000.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

B A Co., Ltd. (hereinafter referred to as “Defendant B”) is a corporate owner established for the purpose of the construction business in the Southern-gu Seoul metropolitan area, and Defendant A is a director of the field office of new D new construction works performed by Defendant B, who takes overall charge of and manages the recruitment and use of employees under his control, work instructions, safety and health measures, etc.

1. Defendant A

(a) If workers might be at the time of conducting work in a place where workers fall or are in danger of fall (excluding the end, opening, etc. of a work launch board), or machinery, equipment, vessel block, etc., the business owner shall install a work launch board by means of assembling the vision, etc.;

(Article 42 of the Rules on Industrial Safety and Health Standards). Nevertheless, on June 16, 2014, the Defendant did not install a work stop board inside the elevator set, which is 106, 5, 5, 4, 5,000 square meters at the above construction site.

(b) In the places where workers might fall down, as the end or opening part of the work plate and passage, the business owner shall install a reinforced structure with sufficient strength protection measures, such as safety distress, fences, vertical fall-off net, cover, etc.;

(Article 43 of the Rules on Industrial Safety and Health Standards). Nevertheless, on June 16, 2014, the Defendant did not install a safe bus in the elevator skin of 103 and 8 stories at the above construction site.

2. Defendant B did not perform his duty to take safety measures as described in paragraph (1) with respect to the Defendant’s work at the time and place described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of statutes governing supervisory reports;

1. Article 71 of the Occupational Safety and Health Act and Article 77 subparagraph 1 of the same Act and Article 23 (3) (Selection of Fine) of the same Act: Subparagraph 1 of Article 67 of the same Act and Article 23 (3) of the same Act;

1. Defendant A of detention in a workhouse: Article 70 and Article 70 of the Criminal Act.

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