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(영문) 부산지방법원 2019.01.14 2018고정1814

산업안전보건법위반

Text

Defendant

A shall be punished by a fine of KRW 500,00, and a fine of KRW 1,500,000 for Defendant B.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a business owner who performs construction works with 10 full-time workers from August 8, 2017 to October 31, 2018 after being awarded a contract for the extension of the D Hospital in Busan-gu C, Busan-do, and Defendant A is a general person in charge of safety and health who actually controls and manages the construction works while working as the head of the construction site.

1. Defendant A is at the site of the extension project on July 4, 2018;

A. The employer has to install a efficiencies or efficencies with sufficient smoke-saving effects to prevent workers from being exposed to the charging department due to work, passage, etc., but did not install a efficencies at the first floor of a efficencies.

B. Although a business owner has to take protective measures, such as safety distress, fall-off, etc., at a place where workers might fall down, as the end or opening of the work launch board and passage, the safety distress was not installed on the side of the work launch board of the 7 to 10th outer wall.

C. The business owner has to install a work launch board by means of assembling a rain gauge in a case where the workers are likely to be at risk of falling or falling down at a place where workers might fall or fall, but did not install a window at the time of work on the rooftop floor.

2. Defendant B, an employee, neglected to take safety measures such as the description in paragraph (1), and neglected to exercise due diligence and supervision.

Summary of Evidence

1. Defendant A’s legal statement

1. Application of Acts and subordinate statutes to safety and health supervision marks and supervision reports;

1. Article 67 subparagraph 1 of the same Article and Article 23 (1), (2), and (3) of the Occupational Safety and Health Act; Article 71, Article 67 subparagraph 1 of the same Act; Article 23 (1), (2), and (3) of the same Act; Article 77 subparagraph 1 of the same Act; Article 23 (3) of the same Act;

2. Defendants from among concurrent crimes: Each of the Defendants and Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act.

3. Defendant A with detention in a workhouse: Articles 70(1) and 69(2) of the Criminal Act.