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(영문) 부산지방법원 2013.04.12 2013고정522

산업안전보건법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is the head of the construction site of the "C building" constructed by the Busan Northern-gu B, and the person in charge of safety and health management who exercises overall control over and manages matters concerning safety and health.

Where a safety rail is installed at a place where workers might fall down in the course of work in order to prevent the danger, the defendant shall install the upper railer at a point of not less than 90cm from the surface of the floor, the steering board, or the slope, and the upper railer shall be installed with sufficient strengths to protective measures, such as safety railing, fences, vertical crashs, covers, etc., in a place where workers might fall down at the end or opening of the work plate and where the workers might fall down.

Nevertheless, at around 14:00 on September 4, 2012, the Defendant installed a balcony 101-dong 3 and the end of the 104-dong 3rd floor, the 104-dong 104-dong 3rd floor, and did not install at a point where the height of the safely distressed upper railer is at least 90cm from the surface of the floor, and did not take protective measures, such as safety railing in order to prevent the fall of workers at a section of about 90cm at the end of the floor of the 302-dong commercial rooftop and approximately 5 meters at the end of the 102-dong 2nd floor.

Summary of Evidence

1. Defendant's legal statement;

1. Persons in general charge of safety and health, and field representatives;

1. Application of statutes on field photographs;

1. Article 67 of the Occupational Safety and Health Act, subparagraph 1 of Article 67 of the same Act, Article 23 (3) of the same Act, the selection of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.