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(영문) 의정부지방법원 고양지원 2016.09.01 2016고단989
산업안전보건법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a business owner who conducts painting business by using two regular workers at high time with the name of 102 dong 1001, Goyang-gu, Gyeyang-gu C Apartment 1001.

The business owner shall take measures necessary for the prevention of hazards in the places where workers might fall down at work, where sand, structures, etc. might collapse, where material objects might fall or come by flying, and where other hazards may occur in the course of work due to natural disasters and acts of God.

Nevertheless, the Defendant, at a height of about 19 meters, did not provide protective devices in compliance with the working conditions, such as a safety cap and safety belt, for a work in danger of falling, and did not take necessary safety measures, such as failing to frequently check the swimming condition and damaged condition of the log string, and failing to install a safety belt and life rope in the string to prevent the falling risk.

Accordingly, around 14:00-15:00 on June 9, 2015, the network E felled below about 19 meters from the work site and died at around 15:20 on the same day while performing the work of repairing seals in Seongdong-gu Seoul Metropolitan Government F.

Summary of Evidence

1. Defendant's legal statement;

1. A written result of autopsy;

1. The application of the Acts and subordinate statutes to send reports on occurrence of serious accidents and written opinion on investigation of serious accidents;

1. Article 66-2 of the Occupational Safety and Health Act and Articles 23 (3) of the same Act concerning the selection of applicable criminal facts and punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order is as follows.

However, the defendant is against himself and is the first offender.

The victim's bereaved family has been paid industrial accident insurance money, and the victim's wife does not want the punishment of the defendant.

In addition, the family relationship of the defendant, the relationship between the defendant and the victim, and all the records of this case are identified in the trial process.

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