산업안전보건법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The amount equivalent to the above fine shall be paid provisionally.
1. The main point of the grounds for appeal (based on factual errors or misapprehension of legal principles) is that a person responsible to direct and supervise workers at the site of an accident is not H but H. Even if the person responsible is H, so long as H, the Defendant’s employee, violated safety obligations, the crime of violating the Occupational Safety and Health Act is established.
2. Before the judgment on the grounds for appeal ex officio, the prosecutor applied for changes in indictment with the contents of the facts charged as stated in the following facts charged at the trial at the court of the case, and since the subject of the judgment was changed by this court, the judgment of the court below was no longer maintained.
However, despite the above reasons for ex officio destruction, the argument that the actor is H is still subject to the judgment of this court, which is the subject of the judgment of this court among the prosecutor's assertion of mistake or misapprehension of legal principles.
3. Judgment on misconception of facts or misapprehension of legal principles
A. The Defendant is a corporation with the purpose of technical service business, etc. in Gangseo-gu Seoul Metropolitan Government E-building 402, and the Defendant entered into a “F Service” contract with the Seoul Regional Procurement Service for KRW 173,000,000, and is a business owner in charge of maintenance and repair of the said weather radar from June 2, 201 to June 1, 2012, and H is a person in charge of overall management of maintenance and repair of the said weather radar.
Where an employer has a worker work at a place in danger of falling, he/she shall be obligated to take safety measures to prevent falling, such as paying a safety cap, wearing a safety belt, and installing a light for safe work.
Nevertheless, from September 13, 201 to September 18, 2011, the Defendant was requested to perform the work of maintaining G meteorological radars in Seo-gu, Busan, from the site of maintenance and repair, from the Korea Meteorological Industry Promotion Agency T to the manufacturing company (M) U, and dispatched H, N, and V to the site and antenna with U.S.