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(영문) 부산지방법원 서부지원 2018.01.23 2017고정410
산업안전보건법위반
Text

Defendants shall be punished by a fine of one million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. Defendant A is a director at the site of the new apartment construction site in Busan Northern-gu, and is responsible for the safety and health of his employees.

(a) Where the Defendant installs a railing in order to prevent workers from falling, etc., he shall install a board to prevent the end of the railing;

Nevertheless, on May 10, 2017, the Defendant did not install a board to prevent the end from being installed on external safety rail at the workplace.

B. Where it is difficult to install a work light at a place where workers fall or are likely to fall, the Defendant shall install a safety light net.

Nevertheless, on May 10, 2017, the Defendant did not install a fall prevention facility, such as a safety net, at the steel frame workplace.

(c)

The defendant shall install a cover, etc. on the parts where workers are likely to face danger, such as a wheel wheeler and wheel wheeler, etc., by using machine motor wheel shots.

Nevertheless, on May 10, 2017, the Defendant did not install a protective dog on the transmission part of the power transmission part of the water-saving machine.

Accordingly, the defendant did not take necessary measures to prevent risks to his employees.

2. Defendant B Co., Ltd. has its head office in Busan Northern-gu D and is an owner of interest established for the purpose of building business with approximately six workers.

The Defendant violated the Industrial Safety and Health Act by failing to take necessary measures to prevent industrial accidents as stated in the above facts constituting the crime.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes governing surveillance and inspection table;

1. Relevant legal provisions and Defendant A who has selected a sentence on criminal facts: Article 67 subparag. 1, Article 23(1) and (3) of the Industrial Safety and Health Act (excluding punishment) Defendant B: Articles 71, 67 subparag. 1, and 23(1) and (3) of the Industrial Safety and Health Act;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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