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(영문) 수원지방법원 안양지원 2021.01.13 2020고정150

산업안전보건법위반

Text

Defendants shall be punished by a fine of 200,000 won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

B A corporation is a corporation established for the purpose of the residential real estate management business, etc., and is a business owner who enters into an agreement with the residents' representative meeting during Ansan-si and manages the Gu C management office. Defendant A is a safety and health management manager responsible for the safety and health management of employees under his/her jurisdiction to prevent industrial accidents.

1. Although Defendant A’s business owner needs to pay more than the number of workers engaged in the work at which material objects fall or are likely to fall, Defendant A’s business owner is required to wear safety caps. However, from around December 7, 2018 to September 6, 2019, the Defendant had the management director D and workers E perform the work at the above “C”, while having them perform the installation of electric lights, batteries work, and the repair and maintenance of CCTV, without having them wear safety caps at the time of the maintenance and maintenance of CCTV.

2. Defendant B, who is an employee of the Defendant, did not comply with due care and supervision to prevent the act of violation in relation to the Defendant’s business at the time and place specified in paragraph (1).

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of witness E;

1. A protocol concerning the examination of suspect of the defendant A;

1. Application of Acts and subordinate statutes concerning accusation, work site, full certificate of registered matters, entrusted labor contract, and certificate of employment;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 67 subparag. 1 and 23 subparag. 3 of the former Industrial Safety and Health Act (amended by Act No. 16272, Jan. 15, 2019; hereinafter the same) and the choice of fines, respectively.

(b) Defendant B Company: Articles 71, 67 subparag. 1, and 23 subparag. 3 of the former Industrial Safety and Health Act

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act;

1. Defendant A to be detained in a workhouse: Article 70(1) and (3) of the Criminal Act.