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(영문) 서울중앙지방법원 2015.05.14 2014고정4041

산업안전보건법위반

Text

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

Defendant

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

Reasons

Punishment of the crime

Defendant

A As the representative director of the corporation B, the above company is a general manager of safety and health who is responsible for safety and health of its employees in relation to the E-building extension construction works performed in Dongjak-gu Seoul Metropolitan Government D, and Defendant B is a corporation established for the purpose of construction business, which employs four full-time workers.

1. In relation to the construction of the above E building construction on June 13, 2014, Defendant A: (a) the business owner, when performing work at the highest part of the mobile system, did not install a safety distress; (b) even though the safety distress was to be installed on the rooftop of the above construction site, Defendant A did not install a safety distress.

2. The defendant B did not take safety measures necessary for preventing industrial accidents of workers as stated in paragraph (1) against the defendant's business, as the representative director A, with respect to the defendant's business.

Summary of Evidence

1. Legal statement of witness F;

1. A supervisory report;

1. Copy of corporate register;

1. Application of Acts and subordinate statutes to parts of photographs among the reports on the results of measures taken for the examination of supervision, the examination of prosecution joint control;

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

(a) Defendant A: Subparagraph 1 of Article 67 and Article 23 (3) of the Industrial Safety and Health Act;

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

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

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