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(영문) 광주지방법원 2016.09.28 2016고정1464
산업안전보건법위반
Text

The sentence against the accused shall be 1.5 million won.

The defendant shall be ordered to pay the amount equivalent to the above fine.

Reasons

Punishment of the crime

The Defendant is a business owner who performs the “C New Construction Work” located in the Southern-gun B, and the head of the above site D is a person who is the defendant’s employee and acts for the Defendant.

1. Where a business owner assembles a lecture room, he/she shall install a sound and burner team using materials, such as a lecture room, etc.;

However, D, on June 21, 2016, did not have a wall installed in the Gangwon-gu of the Dong, Dong 101, Dong 102, Dong 103, Dong 103.

Accordingly, the defendant did not take necessary measures to prevent industrial accidents in relation to the defendant's duties.

2. In cases where a business owner uses concrete pumps in order to perform concrete snow-making operations, he/she shall take necessary measures, such as the installation of safety rails, in order for workers engaged in works in the railing, etc. of buildings to prevent the fall risk caused by the hoscing of the hos and the lines.

However, on June 21, 2016, D did not take measures to prevent the fall of workers while carrying out other snow work using concrete pumps on the same roof from the above 103th rooftop.

Accordingly, the defendant did not take necessary measures to prevent industrial accidents in relation to the defendant's duties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A report on the results of supervision;

1. Application of Acts and subordinate statutes to order suspension of partial work;

1. Relevant legal provisions concerning criminal facts, Articles 71, 67 subparag. 1, 23 subparag. 2 (the point where walls are not installed), 71, 67 subparag. 1, and 23 subparag. 1, and 23 subparag. 3 (the point where measures to prevent fall risk are not taken) of the Act on the Protection of Industrial Safety and Health for the Selection of Punishment, and Selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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