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(영문) 부산지방법원 서부지원 2020.05.07 2020고정96

산업안전보건법위반

Text

A defendant shall be punished by a fine of 500,000 won.

shall order the provisional payment of the amount equivalent to the above fine.

Reasons

Punishment of the crime

The defendant is a juristic person established for the purpose of housing construction business, etc. with four regular workers employed in Busan Geum-gu B, and a business owner shall install a work launch plate by means of assembly, etc. where workers might fall or fall, or machinery, equipment, vessel block, etc. where workers might fall or fall.

Nevertheless, when the defendant executes the construction work with 1,807,89,000 won of the construction amount from April 11, 2018 to August 31, 2019 under a contract with Busan Sho-gu, Busan, the defendant, as the head of the on-site headquarters belonging to the defendant, who acts for the business owner with respect to the safety and health of workers belonging to the site and the contractor, was not in compliance with the above safety measures as to the defendant's duties, due to the failure to install a work launch plate at a part of the first section of the outside vision of the above site on July 30, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Cases of a report on the results of supervision, etc., written corrective order, or report on the results of corrective order;

1. On-site photographs at the time of supervision;

1. Application of statutes on a copy of construction contract;

1. Article 71, Article 67 Subparag. 1, and Article 23(3) of the former Occupational Safety and Health Act (wholly amended by Act No. 16272, Jan. 15, 2019); the selection of fines for criminal facts;

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