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(영문) 의정부지방법원 2013.10.24 2013고정1762

산업안전보건법위반

Text

Defendants shall be punished by a fine of KRW 300,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Criminal facts

1. Defendant A is the representative director of Defendant B (hereinafter “Defendant B”) who acts on behalf of the business owner in relation to the safety and health of workers in the workplace.

Where it is impracticable for workers to install a work engine or a safety control net at a place where workers fall or are in danger of fall, the business owner shall take measures necessary to prevent the fall risk, such as having workers wear a safety belt.

Nevertheless, on February 14, 2012, Defendant A did not take necessary measures to prevent the falling risk, such as having workers wear a safety belt at the front line of the Yancheon-si, Yancheon-do Office, the place where workers C fall or come to fall.

2. Defendant B is a corporation established on June 14, 2002, the main office of which is located in Namyang-si, Namyang-si, and for the purpose of selling telecommunications equipment and appliances and construction business.

Defendant

B, Defendant A, the representative, violated the Occupational Safety and Health Act as described in the preceding paragraph with respect to Defendant B’s duties.

Summary of Evidence

1. Defendants’ legal statement

1. C's written confirmations of disaster victims and written statements of disaster victims;

1. A witness statement of E;

1. A statement of investigation into and reinstatement from disasters, and a general statement of investigation into disasters;

1. Application of Acts and subordinate statutes governing disaster scene photographs;

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

A. Defendant A: Article 67 Subparag. 1 and Article 23(3) of the Industrial Safety and Health Act; selection of fines

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

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

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