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Defendant
A shall be punished by imprisonment with prison labor for six months, by a fine of five thousand won,00,000 won.
However, the defendant A.
Reasons
Punishment of the crime
1. Defendant A is a person who exercises overall control over safety and health affairs to prevent industrial accidents by employees of the company B belonging to Ansan-si Group D.
Defendant
A and his/her defense counsel asserted that: (a) full-time workers working in Defendant B, who engage in the steel product manufacturing and processing business, are about 25, and do not fall under the manufacturing business of metal processed products, which is the size of at least 50 full-time workers, as stipulated in Article 13(3) of the Occupational Safety and Health Act, Article 9(1) of the Enforcement Decree of the same Act, and attached Table 1-2 of the Enforcement Decree of the same Act; and (b) the above Defendant is not a business owner or a person in charge of safety and health management; (c) even though he/she is not a “business owner” or “person in charge of safety and health management,” it is unreasonable to institute a public prosecution against the above Defendant
The applicable provisions of Article 71, 66-2, subparagraph 1 of Article 67, and Article 23 (1) of the Industrial Safety and Health Act are "Article 71, Article 66-2, Article 67 (1) of the same Act, and Article 23 (1) of the same Act." ① The above business operated by Defendant B is not applicable to the business under the proviso of Article 3 (1) of the Industrial Safety and Health Act, Article 2-2 (1) of the Enforcement Decree of the same Act, and attached Table 1 of the same Act, so it cannot be deemed that the provision on "safety measures" under Article 23 of the same Act is not applicable. ② The application of the penal provisions under Article 23 of the same Act is clear by the regulations itself that it is a business operator. On the other hand, Article 71 of the same Act is clear that the representative of a corporation, or an agent, employee (including a supervisor), or any other employee of the corporation or individual, in addition to the punishment of the offender.