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(영문) 광주지방법원 해남지원 2015.11.12 2015고단283

산업안전보건법위반

Text

Defendant

A Imprisonment of six months, and the defendant limited liability company B shall be punished by a fine of 5,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is the actual operator as the representative director of the limited company B in the whole-Naman-gun E.

Defendant

B, from July 10, 2013 to January 10, 2014, a limited company built the Korean-style house ordered by G from the Jindo-gun F from the Jeonnam-gunF.

1. The business owner of the defendant A shall take measures necessary to prevent the hazards in the places where workers might fall down at work, where soil and sand, structures, etc. might collapse, where material objects might fall or come by flying, and where other hazards may arise due to natural disasters in the course of the work, and the connection or intersection section of the steel pipe shall be connected with the steel pipe using the suitable accessory hardware in case of assembling the steel pipe.

Nevertheless, around August 31, 2013, the Defendant, at the site of the Korea-style Newly built construction work site, caused injury, such as a shot 12 pule, which is a worker, due to the Defendant’s failure to properly fix the clampulp, which connects the work launch board and the sculpt with the sculplate, and caused the Defendant to suffer from the injury, such as a sculpte, etc., which requires approximately 13 weeks of treatment by falling the above H on the ground, along with the sculp board listed on the work launch.

2. The Defendant B, a representative of the Defendant, committed a violation of the Occupational Safety and Health Act as described in paragraph (1) with respect to the Defendant’s business at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. Certificates of medical records (H), business registration certificates (B), and certificates of disabled persons (H);

1. A list of business entities subject to general accident investigation and application for medical care benefits;

1. Application of Acts and subordinate statutes to report on investigation (to listen to a victim H telephone statement);

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

1. Suspension of execution;