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(영문) 부산지방법원 2016.12.23 2016고정3612
산업안전보건법위반
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

Defendant

The Busan Urban Transit Corporation is a corporation that runs the urban railroad transport business with its head office located in 644-gil 20,000,000,000 in the Busan Urban Transit Corporation, and the defendant A is a safety and health manager who exercises overall control over affairs concerning the prevention of harm and hazards to its employees E in Busan D.

1. Although Defendant A’s business owner, at the end or opening of the work launch and passage at which workers might fall down, should be built with sufficient strengths to take protective measures, such as safety railing, fences, vertical fall-off nets, or covers, Defendant A failed to take safety measures, such as failing to install safety risks at the end or opening of the front passage of the FMoter maintenance bus (18m in length, 1.2m in depth) as a result of the special supervision conducted on June 23, 2016.

2. The defendant A, an employee of the Busan Urban Transit Corporation, committed an act identical to the above Paragraph 1 in relation to the work of the defendant Busan Urban Transit Corporation.

Summary of Evidence

1. Defendant A’s legal statement

1. G certification;

1. Submission of a report on supervision of safety and health (integrated), such as manufacturing business, a report on special supervision, a corrective order, a result of corrective measures, and a report on confirmation;

1. Full certificate of the registered matters of the corporation, certificate of employment, and letter of designation of a person responsible for safety and health management;

1. Application of statutes on field photographs;

1. Article 67 subparagraph 1 of the Occupational Safety and Health Act, Article 23 (1) of the same Act, and Articles 71, 67 subparagraph 1 of the same Act, and Articles 23 (1) of the same Act, where a fine is selected, Defendant Busan Traffic Corporation:

1. Sentence Defendants: Fines of 500,000 won each;

1. Defendant A at a workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The Defendants: Article 59(1) of the Criminal Act provides that Defendant A has served in good faith for at least 28 years as a principal offender and received presidential commendation.

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