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(영문) 청주지방법원 영동지원 2016.03.24 2015고정89
산업안전보건법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

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

Reasons

Punishment of the crime

Attached Form

Criminal facts

same as the entry.

Since all charges are recognized, Article 4 of the established rules on the appropriateness of the method of preparing written judgments (re-type 2014-1) shall apply.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to I by the police;

1. Submission of a written opinion on on-site verification;

1. Application of Acts and subordinate statutes, such as field photographs, certificates registered matters, etc.;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A 1) Failure to take safety measures: The judgment

1.C, D.

Article 67 subparag. 1 and Article 23 subparag. 1(1)1(p)(p) of the Industrial Safety and Health Act, which covers each act of this paragraph, is not a measure for health: Decision;

1. Subparagraph (a) and (b) of Article 67 of the Industrial Safety and Health Act, covering each act referred to in each subparagraph (a) and Article 24(1)1 of the same Act (excluding punishment);

B. Defendant B Co. 1) Failure to take safety measures: Judgment

1.C, D.

The main sentence of Article 71 of the Industrial Safety and Health Act, Article 67 subparagraph 1 of the Industrial Safety and Health Act, and Article 23 subparagraph 1 subparagraph 1-2 of the Industrial Safety and Health Act, which covers each act of each paragraph: the ruling that a health measure is not taken:

1. A. (b) The main sentence of Article 71 of the Industrial Safety and Health Act, Article 67 subparagraph 1 of the Industrial Safety and Health Act, and Article 24 (1) 1 of the Industrial Safety and Health Act, all of the acts referred to in the subparagraphs of paragraph (1);

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act was committed by the Defendants for the reason that the Defendants failed to take all necessary measures to prevent the risks caused by business machinery and apparatus, etc. and the harm caused by the raw materials, etc., thereby resulting in the exposure of workers to an accident and resulting in an industrial accident.

Furthermore, the Defendants already had a record of punishing fines for the violation of the Act on the Safety and Health of Criminals on three occasions.

However, the Defendants were willing to commit the instant crime, and thus, to prevent the recurrence in the future.

In this case.

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