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(영문) 서울북부지방법원 2015.04.01 2015고정457
산업안전보건법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person in general charge of safety and health at the construction site of new apartment buildings located outside B and two lots in Gangnam-gu Seoul, and is a person who is responsible for all industrial safety and health management affairs, such as formulation and implementation of plans to prevent industrial accidents to workers belonging to the above construction site, and who is a corporate business owner.

1. Pursuant to Article 23 (3) of the Occupational Safety and Health Act and Article 42 (1) of the Rules on the Standards for Occupational Safety and Health, where workers are likely to be dangerous in the course of conducting work at a place where workers might fall or fall down, a business owner shall install a work launch board by assembling a vision, etc.;

Nevertheless, on November 18, 2014, the Defendant did not take measures to prevent the fall, such as the installation of a work plate, in the outer pair lines, when performing the work of the E-dong completely francing department at the construction site.

2. Pursuant to Article 23 (3) of the Occupational Safety and Health Act and Article 43 (1) of the Rules on the Standards for Occupational Safety and Health, business owners shall install a reinforced structure with sufficient strengths to take protective measures, such as safety railings, fences, vertical fall-off networks, covers, etc., at a place where the workers might fall, as the end or opening part of a work plate and passage;

Nevertheless, on November 18, 2014, the Defendant did not take measures to protect the opening of the machinery room at the entrance of the machinery room at the construction site on the part of November 18, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. On-site agent or certificate of employment;

1. Application of statutes to supervisory reports and corrective orders;

1. Article 71 of the Occupational Safety and Health Act, subparagraph 1 of Article 67, and Article 23 (3) of the same Act, the selection of fines for criminal facts, as well as the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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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