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Defendant
A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 2,000,000.
Defendant
A above.
Reasons
Punishment of the crime
Defendant
A is the representative director of the defendant corporation Eul, who is in the first place, and operates the defendant corporation B as the representative director.
Defendant
Article 29(3) of the Industrial Safety and Health Act with respect to the part of the wooden works during the period of the said construction work, after having been awarded a contract for the construction work from the G chief H located in Jeju-si on August 30, 2013, a stock company B shall take measures to prevent industrial accidents prescribed by Ordinance of the Ministry of Employment and Labor, such as the installation of safety and health facilities, when workers employed by the contractor work in a place at risk of industrial accidents prescribed by Ordinance of the Ministry of Employment and Labor, such as the collapse of earth and sand, fire, explosion, falling or falling, etc.
The term "business owner under paragraph (1)" refers to a business owner under paragraph (1) of Article 29 of the Industrial Safety and Health Act, which is defined as "a business owner under paragraph (1) of the same Article and which is prescribed by Presidential Decree, among the businesses that are conducted in the same place under contract separately."
Article 29(1) of the Industrial Safety and Health Act provides that a business owner who has given a contract for a part of a project shall exercise overall control over the process of the project, such as a contractor who has given a subcontract and who has a duty and duty to coordinate and coordinate the overall process of the project, and shall take measures to prevent industrial accidents that may arise at the workplace under his/her management. Article 29(1) of the Industrial Safety and Health Act refers to a business that a business owner and his/her contractor engages in at the same place, and it cannot be deemed that there is a need to do work at the same time except for the identity of the place (see, e.g., Supreme Court Decision 2015Do8621, Mar. 24, 2016).
1. Defendant A’s victim.