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(영문) 서울북부지방법원 2013.04.08 2013고정508
산업안전보건법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the director of the Seoul Dobong-gu Seoul Metropolitan Government CConstruction Corporation and the person in general charge of safety and health performed by Korea Post after being awarded a contract with the Ministry of Knowledge Economy, and is the person who is responsible for the overall management of industrial safety and health, such as the formulation and implementation of plans to prevent industrial accidents by the employees under his control and acts for B

1. Where a business owner engages in work at the highest part of the mobile rain gauge, he/she shall install a safe distance;

Nevertheless, on November 29, 2012, the Defendant did not have a safety problem in the course of performing the moving-type watch work on the second floor at the time when the Ministry of Employment and Labor supervised the construction site of the building site in the Seoul Northern Site Office.

2. A business owner who runs a business in the same place and contracts part of his/her construction business under a contract separately shall conduct a safety and health inspection on the workplace together with his/her employees, his/her contractor and his/her employees at least once every two months;

Nevertheless, the Defendant did not conduct a contract safety and health inspection by the time the Ministry of Employment and Labor conducted on November 29, 201, when the construction site supervision at the Seoul Northern Site Office was conducted on May 17, 2011.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A report on the integrated supervision and checking of safety and health at construction sites and the supervision report;

1. Application of Acts and subordinate statutes governing documentary evidence;

1. Relevant Article of the Occupational Safety and Health Act; Articles 71, 67 subparag. 1, and 23 (3) of the same Act concerning criminal facts; Articles 71, 70, and 29 (4) of the Occupational Safety and Health Act; the selection of fines for negligence;

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

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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