logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.10.18 2017고단2977
산업안전보건법위반
Text

Defendant

A A shall be punished by a fine of one million won, and the defendant B shall be punished by a fine of four million won.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

B A corporation is a business owner established for the purpose of housing construction business, etc., and Defendant A is a person who exercises overall control over the safety and health of its employees as a site manager at the construction site of “E” in progress.

1. On June 15, 2017, Defendant A did not install a cover, etc. in the second floor inspection section adjacent to the stairs room No. 517, 2, which is likely to fall by a worker, as an opening part of the above construction site, and Defendant A did not approach two metal projecteds comprised of the outer studs and steels at the site of the shop where the 1st floor facilities are located at risk of electric shock.

2. Defendant B, who was an employee of the Defendant, committed the same offense as that of the preceding paragraph by failing to exercise due diligence and supervision in relation to the safety management of employees belonging to the Defendant Company.

Summary of Evidence

1. Defendants’ respective legal statements

1. A table, etc. of supervision of construction safety and health;

1. On-site photographs at the time of regular supervision;

1. A report on the results of supervision;

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

1. Relevant legal provisions and Defendant A who has selected a sentence on criminal facts: Each of the subparagraphs 1 and 23 of Article 67 of the Industrial Safety and Health Act (opportune selection) Defendant B Co., Ltd.: Articles 71, 67 subparagraph 1 and 23 (3) of the Industrial Safety and Health Act;

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 on the confinement of a workhouse (Defendant A);

1. The punishment shall be determined in consideration of the fact that the grounds for sentencing under Article 334(1) of the Criminal Procedure Act was fully implemented and the records of each crime, etc.;

arrow