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(영문) 대구지방법원 경주지원 2017.02.16 2016고정316
산업안전보건법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. The Defendant in violation of the Industrial Safety and Health Act is a person who received an order from C to perform a construction work in the racing on April 27, 2015 through July 31, 2015 and who actually controls, controls, and manages the said construction work, and exercises overall control over matters concerning the safety and health of employees under his/her control.

A business owner shall take measures necessary for the prevention of danger in places, etc. where workers are likely to fall at work, and shall take measures necessary for the prevention of danger, such as installation of a light plate at least 30cm in width, or installation of a safety-proof net, in cases where workers are likely to pose danger, such as falling off at the roof cover with weak materials, such as asbestos slate, lines, etc.

Nevertheless, on April 27, 2015, the Defendant did not take measures, such as installing a board or driving a safe room, when having D and E, a person employed by the Defendant, around 13:10, engage in works, such as removing, etc. on the roof of the above static roof of the asbestos slate.

As a result, the Defendant suffered injury, such as pressure pressure 5 p.m. in the 12 weeks of need to be treated by E, by destroying asbestos slate and falling below about 20cm in height, while the Defendant performed the removal work at the same time.

2. On April 27, 2015, the Defendant: (a) around 13:10 on April 27, 2015, had the victim E and D perform the work of removing, etc. on the roof of the static roof consisting of asbestos slate from a person who works at the work site of the refined repair work in the front port.

In such cases, the Defendant shall take necessary measures to prevent the falling risk, and the Defendant shall perform duties to prevent the fall risk by installing a light board at least 30 cm in width or by carrying out safety-proof works on the roof covering with weak materials, such as slates, lines, etc.

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