Text
The Defendants shall be punished by a fine of one million won.
Defendant
B If the above fine is not paid, 100,000.
Reasons
Punishment of the crime
1. A person who manufactures or imports machinery, tools, equipment, etc. harmful or dangerous to Defendant B, which are deemed necessary for safety and health of workers and prescribed by Presidential Decree (including shot type equipment) shall obtain safety certification conducted by the Minister of Labor as to whether the machinery, apparatus, etc. subject to safety certification meet the safety certification standards. Notwithstanding the fact that the machinery, apparatus, etc. subject to safety certification can not be manufactured, imported, transferred, rented, used, or displayed for the purpose of transfer or lease, the Defendant, who is the actual manager of A, imported the total of nine shot type equipment from the total of shot type equipment to the F Co., Ltd. located at Sposi on May 24, 2016 (BK 160L4, BK 200, 200, 200, 200, 200, 16, 200, 36, 20, 36, 20, 36, 20, 20, 36, 16, 3.
2. Defendant A violated the Industrial Safety and Health Act by failing to perform the duty to take measures to prevent industrial accidents, such as failing to perform the duty to take necessary safety and health measures, as described in paragraph (1), with respect to the duties of Defendant B, which was committed on behalf of the Defendant.
Summary of Evidence
1. Defendant B’s legal statement
1. Reporting on the distribution place of unregistered products;
1. A list of inspections of safety and health supervision;
1. Application of statutes governing certified copies of corporate registers;
1. Relevant legal provisions concerning criminal facts;
(a) Defendant A: Articles 71, 67-2 subparagraph 1, and 34-4 (1) of the Industrial Safety and Health Act;
(b) Defendant B: Subparagraph 1 of Article 67-2, and Article 34-4 Paragraph (1) of the same Article, respectively;
1. Selection of a penalty (defendant B) and the selection of a fine;
1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act
1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant B);
1. The Criminal Procedure Act applies to the order of provisional payment.