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(영문) 대구지방법원 2016.10.07 2016고정1782
산업안전보건법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the head of the site office of the new construction of the C-family housing in Yeongdeungpo-gu, Chungcheongnam-si, and is a person in general charge of safety and health who controls and supervises the safety and health of the employees belonging to the company and the subcontractor, and is a person who acts for the management committee for the business owner.

The owner of a construction business, a project executed in the same place under a contract for all specialized works, shall take measures prescribed by Ordinance of the Ministry of Employment and Labor for the prevention of industrial accidents, such as installation of safety and health facilities, when his/her workers employed by the contractor do work at a place with a risk of collapse of earth and sand, etc., fire, explosion, fall, or falling.

Nevertheless, in the planning and supervision of the crash accident prevention on May 2, 2016, the criminal suspect did not confirm the safe interval between the end of the work launch board in the elevator 1-3 period, whether the fixed material of the work launch board is connected to the fixed material, whether the fixed material of the moving-type and the safe system is installed between the two safety risks.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Application of Acts and subordinate statutes to a fall inspection mark, a report on the results of supervision, a copy of standard subcontract agreement of construction works, a copy of field agent, and a certified safety and health general manager;

1. Article 68 subparagraph 2 of the Occupational Safety and Health Act and Article 29 (3) of the same Act concerning the selection of applicable laws and punishment for facts constituting an offense;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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