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(영문) 서울북부지방법원 2014.11.20 2014고단2335

산업안전보건법위반

Text

Defendants shall be punished by a fine of two million won.

Defendant

If A does not pay the above fine, it shall be 100,000 won.

Reasons

Punishment of the crime

Defendant

A As the representative director of B (ju), a person who is responsible for the safety and health of workers working at the construction site performed by the said corporation, and Defendant B (ju) is a corporation that runs an elevator, parking facility manufacturing and service business in Yeongdeungpo-gu Seoul Metropolitan Government, and is a corporation that performs construction works by putting off “E” parking project performed in Seoul Jung-gu Seoul Metropolitan Government, which is scheduled from May 14, 2014 to June 30, 2014.

1. Notwithstanding that the height of a parking zone constructed at the construction site on June 2, 2014 at the above construction site reaches 50 meters, Defendant A did not install a crash network inside the parking zone structure (from the top to the top four parts), and did not install a safety line at least 50 in the opening section of the floor board of the vehicle, and did not take measures to prevent the danger of workers due to fall, by failing to pay the safety zone for installing a fall prevention device to workers.

2. Defendant B (State) did not take measures to prevent any danger to workers as above at the date, time, and place specified in paragraph (1) by Defendant A, the representative of the Defendant.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes to the supervisor, full-scale work suspension order, written corrective order and written opinion on technical guidance on parking, notification of the details of technical review by the Safety and Health Service, report on completion of correction, report on risk assessment, and report on improvement of corrective instruction, two primary reports, each photograph, and the written notice of cancellation of full-scale work suspension;

1. Article 67 subparagraph 1 of the Occupational Safety and Health Act; Article 67 (3) of the same Act; Article 71 of the same Act; Article 67 subparagraph 1 of the same Act; Article 23 (3) of the same Act;

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

1. The Defendants on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act do not have any criminal records.