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(영문) 전주지방법원 군산지원 2013.11.13 2013고정604

산업안전보건법위반

Text

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

Defendant

A fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. was awarded a contract with C for the new construction of CC accommodation in Gunsan D, and the defendant A is the head of the site of the above new construction work, who is in charge of safety and health management for its employees.

1. Although Defendant A’s business owner, at a place where workers might fall down, as the end or opening of the work launch and passage, has a strong structure with sufficient strength to take protective measures, such as safety distress, at a place where workers might fall down, Defendant A’s business owner failed to take safety measures for the prevention of industrial accidents by failing to install safety hazards for workers at the fifth floor of the above site on July 16, 2013 in relation to the occasional supervisor of the Military Employment and Labor Branch Office.

2. Defendant B, a corporation, did not perform the safety measures as set forth in paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

Defendant

A’s legal statement and application of A’s law of supervision

1. Articles 71, 67 subparagraph 1, and 23 (3) of the Occupational Safety and Health Act concerning criminal facts; Article 43 (1) of the Rules on Industrial Safety and Health;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;