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(영문) 서울북부지방법원 2014.05.16 2013고정2033
산업안전보건법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is the E company’s business owner who entered into an agreement with the KWS Co., Ltd., a sewage-oriented company that supplies and installs boiler (181) to KRW 1,500 per opening of boiler year from the KWS (SBB), a sewage-oriented company that supplies and installs boiler (181) in Seoul Dongdaemun-gu and six lots of land, Dongdaemun-gu, Seoul, and is a person who takes overall charge of and manages the affairs concerning safety and health of his/her employees.

At around 13:50 on September 7, 2012, F, a Defendant’s employee, died after falling on the ground below approximately 25.2m of the log, which was cut off by a line set up a boiler for boiler year, using the bridge at the above construction site.

In conducting work, a business owner shall take necessary measures, such as the installation of safety belts and life jackets, etc., in the breath of the month in order to prevent any danger caused by bad working methods, etc.

(Article 23(2) of the Occupational Safety and Health Act and Article 63 subparag. 10 of the Rules on the Industrial Safety and Health Standards. Nevertheless, the Defendant’s failure to perform its duty to prevent industrial accidents by installing safety belts and life jackets at the monthly vision, thereby resulting in the death of F by double-line fixed lines during the operation of boilering installation without installing safety belts and life jackets on the day of the accident.

Summary of Evidence

1. Legal statement of witness G;

1. The police suspect interrogation protocol of H;

1. Each police statement made to I and J;

1. A report on the occurrence of serious accidents, submission of a written opinion on the investigation of serious accidents, and a letter of investigation into accidents;

1. A medical certificate of death;

1. Application of Acts and subordinate statutes to a business registration certificate (E company), construction contract, work log, and boiler manufacturing consignment contract;

1. Article 66-2 of the Occupational Safety and Health Act and Articles 66-2 and 23 (2) of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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