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(영문) 의정부지방법원 2012.09.27 2011고정2907
산업안전보건법위반
Text

Defendants shall be punished by a fine of 1.5 million won.

Defendant

A fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

Defendant

A stock company B has its head office in Gyeonggi-si, which is engaged in the loading and unloading transportation business, etc. by employing ten full-time workers, and is a business owner who produces and installs a head office in Gyeonggi-gu F located in G (4 tent) and waterproofly, and Defendant A is a business owner who is a stock company B (hereinafter “B”) and is in the position of overall management of the prevention of danger or health disorder as prescribed by the Safety and Health Rules with respect to workers belonging to the said place of business.

On April 19, 201, 10:23 around 10:23, 201, H and I, from the above G (C) site, fall together with a complaint work unit due to a vehicle tower-type high speed boom booming booming booming on the ground that the boom boom boom booming in the process of the replacement of the above G (C) site during the process of the vehicle tower replacement, and H dies (43.6m high: 10.6m high), and with respect to an accident for which I sustained an injury (10.6m high):

1. In accordance with Article 23(1) of the Industrial Safety and Health Act (Article 173(1) and Article 197(4)1 of the Rules on the Industrial Safety Standards), Defendant A does not comply with the work plan to prepare a work plan to take safety measures to prevent risks, such as fall, fall, electric failure, narrowness, collapse, etc., arising from the work plan, and conduct work in accordance with the work plan, and require workmen to wear protective outfits, etc., such as safety caps, although the work executor does not comply with the work plan.

2. Defendant B did not take safety measures like the facts constituting the crime of Defendant A’s act on behalf of the Defendant.

Summary of Evidence

1. The defendant A's partial statement

1. Legal statement of the witness J;

1. Statement to I;

1. Application of Acts and subordinate statutes to survey serious accidents;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 67 Subparag. 1 and Article 23(3) of the Industrial Safety and Health Act; selection of fines

B. Defendant B: the main sentence of Article 71 of the Occupational Safety and Health Act and Article 67 of the same Act.

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