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(영문) 춘천지방법원 강릉지원 2019.07.24 2019고정98
산업안전보건법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the field director of the “D Facility Construction” located in C, a third party, who is responsible for the safety and health of workers belonging to the workplace.

When work is conducted at a place where workers fall or are in danger of fall, the business owner shall install a work plate, if it is difficult to install a work plate, install a safety control net, and, if it is difficult to install a safety control net, take measures necessary to prevent falling risk, such as having workers wear a safety belt.

In addition, if a safety belt is worn to an employee at a place with a height of at least two meters at the risk of falling, the safety belt shall be installed in a safe manner.

Notwithstanding Articles 42 and 44 of the former Rules on Standards for Industrial Safety and Health (amended and enforced on March 3, 2017) of the Ministry of Employment and Labor, the Defendant did not take safety measures to prevent the fall risk, such as safety belt-use facilities, by having workers E and F carry out work, such as dismantling the roof of the kitchen at the aforementioned construction site on March 18, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on site photographs, safety managers, each industrial accident inspection table, and construction contract;

1. Article 71, subparagraph 1 of Article 67, or Article 23 (3) of the Occupational Safety and Health Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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