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(영문) 수원지방법원 안산지원 2020.04.09 2019고단4640 (1)
업무상과실치상등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

The provisional payment of the amount equivalent to the above fine shall be ordered.

Reasons

Punishment of the crime

The Defendant is a corporation established on January 10, 201 for the purpose of construction with the head office in Ansan-si B and C, and is a business owner who contracts the “E-factory Construction Work” in Ansan-si D with approximately one billion construction cost from F Co., Ltd. and executes it from March 28, 2019.

G The Co-defendant was the first co-defendant, but was tried separately on February 13, 2020.

As a field manager of the above construction site, he/she is responsible for the safety and health of his/her employees and his/her contractors.

When any worker engages in work at a place at risk of falling or falling down, the business owner shall take measures to prevent industrial accidents, such as the establishment of safety and health facilities.

However, on May 17, 2019, G is required to take protective measures, such as safety distress, fences, and vertical drilling net, at the construction site at the site of the construction site on the end or opening of the work site and the passage, where workers might fall down, but the safety distress was not installed at the top of each floor of the work site at the construction site, and safety distress was not installed at the open part of the stairs the height of which is not less than 1m. However, even at the open part of the stairs the height of which is not less than 1m, while safety distress was not installed at the open part of the work site of the construction site.

As above, the Defendant’s employer G did not take industrial safety measures in relation to the Defendant’s business.

Summary of Evidence

1. Statement made by the accused corresponding thereto in the first protocol of trial;

1. A protocol of suspect examination of G police officers;

1. A certificate;

1. A supervisory inspection mark, a report on the results of supervision, and a corrective order;

1. Application of Acts and subordinate statutes to report the result of corrective order;

1. Articles 71, 67 subparagraph 1, and 23 (3) of the former Occupational Safety and Health Act (amended by Act No. 16272, Jan. 15, 2019; hereinafter the same shall apply) applicable to criminal facts

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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