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(영문) 춘천지방법원 강릉지원 2018.04.11 2018고정10

산업안전보건법위반

Text

The sentence of each sentence shall be suspended against the Defendants.

Reasons

Punishment of the crime

Defendant

B Social welfare foundation is a corporation established for the purpose of welfare projects, etc. for the elderly at home, Seocho-gu Seoul Metropolitan Government D and 520, and is a business owner who operates a social welfare foundation BF medical center in Dong Sea E, and the defendant A is the head of the FF medical center to manage the safety and health management manager who manages the safety and health of employees under his/her control.

1. Where a worker is recognized to have suffered from an occupational disease due to his/her prestigious diseases, the defendant A business owner shall investigate harmful factors without delay;

Nevertheless, on February 23, 2017, the Defendant did not investigate harmful factors until November 8, 2017, even though the worker H was recognized as an occupational disease due to each of the elical diseases in the above medical care center on February 23, 2017, and on June 30, 2017, and did not take necessary measures to prevent health hazards.

2. The Defendant, a social welfare foundation B, at the time, and at the place specified in paragraph (1), committed a violation as described in paragraph (1) with respect to the Defendant’s duties.

Summary of Evidence

1. Defendant A’s legal statement

1. An investigation report (a certificate of approval for industrial accident medical care and attaching an industrial accident insurance card);

1. Inspection table of workplace supervision, and application of Acts and subordinate statutes of a report as a result of supervision;

1. Article 71, Article 67 subparagraph 1, and Article 24 (1) of the Industrial Safety and Health Act (or Article 24 (1) for Defendant A) concerning facts constituting an offense;

1. A fine of 500,000 won to be imposed for a suspended sentence;

1. Defendant A detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day);

1. Article 59(1) of the Criminal Code of the Suspension of Sentence - Defendant A reflects the confession of the instant crime, and takes into account the following factors: (a) the first offender is the first offender; and (b) the Defendants’ correction of the entire act of violation, etc.: