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(영문) 수원지방법원 안산지원 2018.04.12 2018고정111
산업안전보건법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant, a business owner, was the head of the site of steel reinforced concrete construction site located in D, among new construction works implemented by B under a subcontract from C, the Defendant is a person who has the responsibility to take safety and health measures to prevent industrial accidents, such as installing a work plate at the time of work at a place at risk of industrial accidents, such as a place where soil and sand collapse, fire, explosion, fall, or falling is likely to fall.

The business owner shall install a safety rail in cases where he/she performs works at the highest part of the non-standing in the course of assembling the mobile vision.

Nevertheless, on March 9, 2017, the Defendant did not install a safety rail when the employees belonging to the Company B are engaged in the steel distribution work at the highest part of the moving-type in the construction site of the said “E” at the new construction site.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol concerning the interrogation of each police suspect against the accused and F;

1. Statement of the police statement related to G;

1. Written accusation and each accompanying photograph;

1. Application of the standard subcontract agreement statutes for construction works;

1. Article 67 of the relevant Act and Articles 67 subparagraph 1 and 23 (3) of the Industrial Safety and Health Act concerning facts constituting a crime, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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