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(영문) 서울남부지방법원 2021.03.19 2020고단5522
산업안전보건법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a business owner performing the "D New Construction Works" in Gangseo-gu Seoul Metropolitan Government and subcontracted the above construction work to E. The Defendant A, as a site manager at the above site, is a person in charge of the safety and health of workers employed by his/her employees and contractors, and the business owner who has awarded a contract by separating a part of his/her work from the project, shall take measures to prevent industrial accidents, such as the installation of safety and health facilities, etc., when he/she works in a place where there is risk of industrial accidents, such as where he/she works using the vehicle system, loading and unloading transport equipment

1. Where a business owner engages in the work of using vehicle meters, he/she shall prepare a work plan to prevent any danger to workers and have them perform the work in accordance with the work plan, and where he/she engages in the work by using vehicle meters, he/she shall not allow workers to enter the place where the relevant vehicle machinery in operation is in contact with the relevant vehicle and the workers are in danger to face, except in cases where he/she posts an guide and induces the relevant vehicle meters;

Nevertheless, at around 13:10 on July 16, 2018, the Defendant: (a) operated a 5th underground floor of the construction site of the above new construction site; (b) operated “E”, which is a vehicle supply and demand in accordance with a contract with “E”; and (c) stockpiled the H beam (10 meters in length, 1.1 ton in weight) removed from the wall; and (d) performed the work of piling the H beam in one way without signalling or guiding the signal number as stated in the work plan; and (e) ordered G workers of the above E to remove the H beam in the above place.

2. The defendant B falls under the above A who performs duties concerning safety and health for the defendant.

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