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(영문) 대전지방법원 논산지원 2016.08.30 2016고정67

산업안전보건법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a site manager of the “C New Construction Project,” which is performed by the UN PP Development Co., Ltd. in Edsan City, and is in the position to take safety and health measures necessary for the prevention of industrial accidents to his/her employees.

Around 15:00 on May 27, 2016, the Defendant: (a) at the construction site of the said C, at around 15:00, the Defendant: (b) at the construction site of the said C; (c) the business owner, at the end or opening of the work plate and passage, has to be built in a strong structure with sufficient strengths for safety railing; and (d) the Defendant, despite the fact that safety railing is required to be installed in cases where the work is performed at the top of the string by assembling the mobile railer, the Defendant did not take a fall preventive measure against the Defendant, as he did not install a safety rail at the first floor of the first floor of the agricultural materials warehouse at a height of 2 meters; and (b) for the construction of the 2nd floor of the said C, the employees did not install a fall rail at the top of the non-inter

Summary of Evidence

1. Statement by the defendant in court;

1. Inspection table of supervision and a report on the results of supervision;

1. The person in charge of management is appointed;

1. Application of the statutes on contracts for construction works;

1. Article 67 subparagraph 1 of the relevant Act and Articles 67 and 23 (3) of the Industrial Safety and Health Act, the selection of fines for criminal facts, and the selection of fines for negligence;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;