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(영문) 대전지방법원 천안지원 2018.07.03 2018고단1329
산업안전보건법위반
Text

Defendants shall be punished by a fine of KRW 300,000.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A as the representative director of Defendant B, the person in charge of safety and health management who is responsible for performing safety and health matters for preventing industrial accidents by workers belonging to Asan City, a corporation in B, and Defendant B, a corporation established on July 29, 199 for the purpose of manufacturing, etc. with its head office in Busan-gun D, a corporation established on July 29, 199, and a corporation operating a Asan-si factory with 11 full-time workers at Asan-si.

1. In cases of harmful or dangerous work prescribed by Ordinance of the Ministry of Labor for employment, Defendant A business operator shall not allow any person other than those who have the qualification, license, experience or skill necessary for such work to perform such work;

On July 13, 2017, the Defendant: A worker E, who does not own a pilot’s license, had 2.5 tons tons of products using (F) around 16:37 on July 13, 2017; G, who did not own a pilot’s license, had a worker G, who did not own a pilot’s license, used (H) with three tons of products on July 13, 2017.

2. Defendant B, a representative of the Defendant, did not perform his duty of safety and health measures as described in the above paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning the examination of suspect of the defendant A;

1. Statement made to I by the police;

1. Report and corrective order as a result of the supervision;

1. Non-violation photographs;

1. Application of statutes as a result of corrective measures;

1. Relevant Articles 71 and 67-2 subparag. 1 and Article 47(1) of the Industrial Safety and Health Act, and the choice of fines, respectively, for the Defendants who choose to commit a crime;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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

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