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(영문) 창원지방법원 밀양지원 2014.09.24 2014고정123
산업안전보건법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a comprehensive construction company in Kimhae-si, and the construction cost of 1.24 billion won is 1.4 billion won, and from September 16, 2013, the construction of a new factory of E Co., Ltd., Ltd., which has been close to the present date. Defendant A is a representative director of the above company, who is responsible for the safety of workers in the above new construction work.

1. Defendant A

A. Although a business owner has to install safety risks in an open part of stairs with a height of at least 1m, the Defendant did not install safety risks in the open part of stairs at the construction site from September 16, 2013 to October 28, 2013.

B. Although a business owner is required to install a work launch board, such as assembling a vision, at a place where workers might fall or fall down, the Defendant did not install a work launch board at the second floor work site from September 16, 2013 to October 28, 2013 (5 meters high) and the work site at a factory operation site (12 meters high).

2. A, the representative of Defendant B Co., Ltd., did not install a safe inter-scept and a work plate as above at the above date, time, and place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement concerning F;

1. Data from the electronic data processing of workplace information;

1. Application of Acts and subordinate statutes concerning field photographs before and after correction;

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 Occupational Safety and Health Act; selection of fines

(b) Defendant B stock company: the main sentence of Article 71 of the Occupational Safety and Health Act, and Articles 67 subparagraph 1 and 23 (3) of the same Act;

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

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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