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(영문) 인천지방법원 2017.05.11 2017고단1708
산업안전보건법위반
Text

Defendant

A shall be punished by a fine of KRW 5,000,00 and by a fine of KRW 7,00,000, respectively.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

Defendant

A is a person in charge of safety and health of workers belonging to B as the representative director from January 2, 2015 to June 22, 2016, and Defendant B is a corporation with the purpose of railroad, track, transportation, etc.

1. Defendant A

(a) Where the business owner has an employee engage in a work at a risk of falling or falling off the object, or where the employee is likely to fall, he/she shall pay a safety cap to him/her, and where the employee is likely to pose a danger in the course of his/her work at a place at risk of falling, he/she shall have the duty of care to prevent accidents in advance, such as installation of a manual by means of assembling the vision, etc.

On March 10, 2016, the Defendant, within the F Station located in E around 13:48 on March 10, 2016, carried out work on around approximately 2.5 meters high A-level A-type bridge in order to clean up the wall of a worker G E kelter, but did not install a work plate without paying a safety tag, thereby causing the victim to fall on the above A-type bridge and death.

Accordingly, the Defendant did not take necessary measures to prevent the danger of workers and caused the workers' death.

(b) Where a business owner installs a safety rail in order to prevent danger, such as fall, he/she shall construct the upper rail, middle rail, etc., and (2) No person other than the workers concerned shall enter a place likely to pose a danger to workers by falling, such as the installation of a fence, etc., and (3) Safety rail shall be installed on the open side of a stairs the height of which is not less than 1 meter; and (4) Safety rail shall be installed in a place where a worker is at the end or opening of the work board and the passage, and a structure with sufficient strength to take protective measures, such as safety rail, in which a worker is at the risk of falling.

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