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(영문) 창원지방법원 거창지원 2016.01.13 2015고정58
업무상과실치사등
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

B A Co., Ltd. is a business owner who had performed construction works of neighboring living facilities in Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun from January 28, 2015, and Defendant A is a safety and health manager at the construction site of the said building, who is responsible for the safety and health management of workers at the said construction site.

1. Where Defendant A's temporary passage is to be installed, a safety rail shall be installed in a place at a risk of falling, and where there is a concern over the danger to the workers in this part of the annual figure (limited to a place the diameter of which is at least 5cm), a coverr shall be installed in that part;

However, on March 26, 2015, the Defendant did not install a safety rail on the temporary stairs in danger of falling at the time of the safety inspection on the construction site at the above construction site at the time, and did not install a coverr on the hand, hand, and the Hand, and the knife and the knife.

Accordingly, the Defendant did not take measures necessary to prevent falling and necessary measures to prevent risks by machines and apparatus.

2. Defendant B, at the above date and place, did not take necessary measures to prevent the Defendant’s business from falling as above, and did not take necessary measures to prevent risks by machinery and apparatus.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Occasional inspection marks of supervision, reports on the results of supervision, and occasional on-site photographs of supervisors;

1. Application of Acts and subordinate statutes to a certified safety management supervisor, a copy of a standard contract for private construction works;

1. Relevant Article of the Act and Articles 71, 67 subparag. 1, 23 subparag. 3, 71, 77 subparag. 1, and 23 subparag. 1, and 23 subparag. 1, and 23 subparag. 1 of the Industrial Safety and Health Act concerning criminal facts (the fact that a failure to take measures to prevent fall risk has been implemented, the choice of fines), 71, 67 subparag. 1, and 23 subparag. 1 (the fact that measures to prevent danger by equipment have not

1. The former part of Article 37 and Article 38(1)2 of the Criminal Code for the aggravation of concurrent crimes.

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