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(영문) 청주지방법원 2013.03.28 2013고정141
산업안전보건법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

1. Defendant A is the head of the site of the “Dtel new construction work” performed by Defendant B Co., Ltd. in the Chungcheongbuk-gun C, and is responsible for the safety and health management of workers belonging to the construction site. A.

In the places where workers might fall down, as the end or opening of the work plate and passage, the business owner shall install a strong structure with sufficient strength protection measures, such as safety wire, fences, vertical fall-off nets, or covers, etc.

Nevertheless, on March 8, 2012, the Defendant did not take protective measures, such as safety hazards, on both sides of the 10th string of the instant construction site.

(b) In order to prevent electric shocks by water, the business owner shall have contact with the metal materials outside of the electric machinery and tools, the metal materials outside of the metal, and the iron bars.

Nevertheless, the Defendant did not conduct a contact to prevent risks caused by water leakage in the outside of a project site for the installation and work of the above construction site.

2. Defendant B, a Defendant, who was an employee of the Defendant on March 8, 2012, did not comply with safety measures as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to a report on the results of inspection and supervision of construction business, etc.;

1. Article 71, Article 67 subparag. 1, and Article 23 (1) and (3) of the Occupational Safety and Health Act (Selection of Fines against Defendant A) concerning criminal facts and the choice of punishment;

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

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

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