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(영문) 창원지방법원 2018.08.24 2018고단1251
산업안전보건법위반
Text

Defendants shall be punished by a fine of five million won.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is a person in charge of safety and health management who takes charge of safety and health of his employees as a site warden of the E Corporation performed by B, and Defendant B is a corporation established on January 24, 1969 with its head office in Yongsan-gu Seoul Metropolitan Government and for the purpose of construction business with its head office in Yongsan-gu, Seoul Metropolitan Government, and is a business owner who takes out the “E Corporation” located in the window of Changwon-si from the 104,916,250,000 construction cost from the Gyeongdo in the face of Changwon-si to the 104,916,250,000 construction cost.

1. Defendant A

(a) Where a business owner who has violated safety measures in connection with the death of a victim engages in the work of loading, unloading, transporting, machinery, etc., he/she shall, in order to prevent any danger to workers, prepare a work plan which includes the prevention of danger, such as the rapid fall and collapse, etc. of the relevant work, the operational route of vehicle meters, loading, unloading, transportation, machinery, etc., and work in accordance with the plan, have the workers perform work in accordance with the plan, and shall not have the workers enter the place where the workers might suffer danger because of the contact with the loading and unloading machinery of the relevant vehicle system

Nevertheless, at around 15:10 on November 30, 2017, the Defendant: (a) had I, who entered into a contract with B, in the H tunnel located inside the G “E Corporation” site located in the H tunnel located in the city of Changwon-si, used J 14 tons; (b) did not prepare and implement a work plan including risk prevention measures following the pertinent work; (c) did not assign the conductor or leader in the situation where the employee remains in the tunnel; and (d) did not place the conductor or leader in the tunnel; and (e) did not take safety measures in violation of the above I’s operation, which was back to K, with the backline of the murder of the said I’s operation.

As a result, the Defendant violated the above preventive measures against danger, and therefore, the above K is in the members Minsan-si L around 16:06 on the same day.

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