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(영문) 부산지방법원 2013.10.30 2013고정1974
산업안전보건법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is an individual entrepreneur who runs “D” with ten full-time workers in Busan-gu C.

Around March 2012, the Defendant subcontracted “G studio Construction Works” located in the Busan Y from E and re-subcontracted to H, an individual construction business entity, who is a private construction business entity.

A business owner who executes a project at the same place and gives a contract for construction works under a contract by separating a part of the project, shall take measures to prevent industrial damage if his/her workers employed by the contractor perform work at a place where it is likely to cause industrial accidents, such as the place where a dump is installed or dismantled.

Nevertheless, at around 07:20 on April 27, 2012, the Defendant did not take measures to prevent industrial accidents, such as providing safety appearance to I while workers I employed by the above H, who were awarded a contract for a dubing construction work on the fourth floor of the construction site at the above construction site, but did not take measures to prevent industrial accidents, such as allowing the I to pay safety appearance to I and wear it. In addition, the Defendant required the I to conduct a prior investigation into the characteristics, etc. of the relevant work, workplace, in order to prevent the risks of workers, such as fall, fall, fall, electric power failure, and shock, and record and keep the results thereof, taking into account the results of the investigation, and did not take safety measures as above, even though the Defendant had a duty to prepare a work plan containing safety measures to prevent such risks and to have them perform the work in accordance with such plan.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the defendant and H;

1. Each report on the offender's domicile;

1. Report on the occurrence of each serious accident;

1. Statement to J police officers;

1. The police statement of H;

1. A contract agreement;

1. Reporting on a material accident investigation opinion;

1. A letter of business trip;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 68 of the Occupational Safety and Health Act concerning criminal facts;

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