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(영문) 제주지방법원 2018.07.04 2018고정158
산업안전보건법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant shall be a safety and health manager in charge of the safety and health of workers by a field director of a new construction project for the ground-based detached house B in Seocho-si.

1. The business owner shall ensure that he/she wears a safety cap for workers engaged in any work likely to fall;

Nevertheless, on April 13, 2017, May 2, 2017, the Defendant did not take measures to provide safety caps and wear wear to an unsatisfy worker at the construction site above.

2. The employer shall install a work board by means of assembling the vision, etc. in a case where the workers might be at risk in the course of conducting work at a place, etc. where the workers might fall or fall;

Nevertheless, on April 13, 2017, May 2, 2017, the Defendant did not install a work board at the said new construction site.

3. Business owners shall install the safety railing, fence, vertical fall telescopes, or covers at places where workers might fall down at the end or opening of the work plate and passage, with sufficient strength-proof measures, such as safety railing, fence, vertical fall telescopes, or covers;

Nevertheless, on April 13, 2017 and May 2, 2017, the Defendant did not install a safety rail at the construction site of a new house.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of C’s accusation (including photographs attached thereto) statute;

1. Article 67 subparagraph 1 of the relevant Act and Articles 67 and 23 (3) of the Industrial Safety and Health Act, the selection of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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