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(영문) 울산지방법원 2015.01.23 2014고단3241

산업안전보건법위반

Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is the field manager at the building site among the building construction works of Ulsan-gu Ctel in Ulsan-gu, and the defendant B is a corporation established for the purpose of reinforced concrete construction business.

1. On May 18, 2014, Defendant A: (a) around 13:30 on the construction site of the foregoing new construction project; (b) had workers D (Nam and 59 years of age) install a saw prevention device on the saw-to-saw machine for wood public use; and (c) used a saw-to-saw machine for wood use; (d) while the saw-to-spe during the timber cutting work, the saw-to-spe while the saw-to-spe while the saw-to-spe was finished; and (d) caused damage to D to the neck-to-spe and the neck-to-spe in need of approximately eight weeks of medical treatment.

Accordingly, the Defendant did not take necessary measures to prevent risks caused by machinery, apparatus, or other equipment.

2. The Defendant Co., Ltd., as the business owner of Ctel construction, did not take measures necessary to prevent risks caused by machines, apparatus, and other equipment in relation to the Defendant’s business at the same time and place as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of D police statement;

1. A written opinion and a medical certificate;

1. Copy of corporate register;

1. Application of the Acts and subordinate statutes of a standard subcontract agreement for construction business, standard daily worker contract;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 71, 67 subparagraph 1, and 23 (1) 1 of the Industrial Safety and Health Act;

(b) Defendant B: Subparagraph 1 of Article 67 and Article 23 (1) 1 of the Occupational Safety and Health Act (Selection of Fines)

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

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