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(영문) 광주지방법원 해남지원 2014.11.12 2014고정82

산업안전보건법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of the second factory in the Jeonnam-gun C, a person who takes overall charge of the recruitment and use of workers belonging to the repair work site of the above factory E-works directly executed by the defendant himself/herself, work instruction, safety and preservation measures, etc.

Where workers are likely to be in danger of danger at a place where workers fall or fall down, the business owner shall install a work plate by means of assembling a gauge, etc., and where it is impracticable to install a work plate, the business owner shall take measures necessary to prevent falling risk, such as having workers wear a safety belt, where it is impracticable to install a safety watch, and where it is impracticable to install a safety watch, etc.

Nevertheless, on June 28, 2013, the Defendant: (a) ordered workers F to remove cryp at work sites with a height of approximately two meters of the E repair work site; (b) did not install a work launch plate or a safety control net; and (c) did not cause workers F to wear a safety belt, thereby falling down on the floor and resulting in an injury.

Summary of Evidence

1. Defendant's legal statement;

1. Submission of results of general disasters survey;

1. Application of Acts and subordinate statutes to applications for usage benefits and temporary layoff benefits;

1. Article 67 (1) or 23 (3) of the Occupational Safety and Health Act applicable to the relevant criminal facts and Articles 67 (1) or 23 (3) of the Selection of Punishment;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.