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(영문) 광주지방법원 2013.08.20 2013고정1532
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

1. Defendant A is a person in charge of safety and health management who exercises overall control over the safety and health affairs of employees belonging to the site “D Corporation” that is proceeding in the Jeonnam-gun C, and the person in charge must require the workers to wear a smoke-saving protective outfit necessary for the work when the workers handle charging fees or work in the vicinity thereof.

Nevertheless, the above Defendant, around 10:00 on August 7, 2012, did not take measures to have workers E who handled charging paths at the above site, and did not take measures to have them wear a smoke-saving protective outfit, thereby having them receive pictures from a reduction.

2. Defendant B Co., Ltd. did not take measures to require workers to wear smoke protective outfits in relation to the above Defendant’s business as described in paragraph (1) of the same Article.

Summary of Evidence

1. Defendant A’s legal statement

1. Each statement made by the police officer in F and G;

1. The application of Acts and subordinate statutes to state general disaster investigation and submission of opinions;

1. Article 67 subparagraph 1 of the Occupational Safety and Health Act and Article 23 (1) of the same Act (Selection of Fines): Defendant B corporation: the main sentence of Article 71, subparagraph 1 of Article 67, and Article 23 (1) 3 of the same Act;

1. Defendant A with detention in a workhouse: The sentencing of Articles 70 and 69(2) of the Criminal Act is to be determined in full view of the degree of injury suffered by the worker due to the instant case, the degree of negligence of the defendant, etc.

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