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(영문) 춘천지방법원 2013.06.04 2013고정31
산업안전보건법위반
Text

Defendants shall be punished by a fine of KRW 700,000.

Defendant

If A does not pay the above fine, 50.

Reasons

Criminal facts

Defendant

A is the head of E Elementary School Meal Work site and the representative of Defendant B, and Defendant B is a corporation with the purpose of civil engineering work, etc. in Gangwon-si, Gangwon-do.

1. The business owner of the defendant A shall take measures necessary to prevent the hazards in the places where workers might fall down at work, where soil and sand, structures, etc. might collapse, where material objects might fall or come by flying, and where other hazards may occur in the course of carrying out work due to natural disasters;

With respect to the places where workers might fall down, as the strings or openings of the work plate and passage, the business owner shall install a strong structure with sufficient strength protection measures, such as safety railings, fences, vertical fall-offs, covers, etc., and in the case of installing a cover, it shall be installed so as not to lower or fall down.

Nevertheless, at around 15:20 on September 21, 2012, the Defendant did not install protective measures, such as safety distress, on both sides of the project site of the place of work of the building site of the above meal facilities, and on both sides of the entrances of the temporary stairs.

Accordingly, the Defendant did not take necessary measures to prevent risks in carrying out the business.

2. The above defendant A, who is an employee of the B defendant, did not take measures necessary to prevent any danger to workers as described in the preceding paragraph.

Summary of Evidence

1. Legal statement of witness F;

1. Police suspect interrogation protocol of the accused;

1. Requests for supervision immediately as a result of supporting the entrusted institution, marks of supervision and inspection of construction safety and health (integrated), reports on results of supervision, orders for correction, and reporting on the result of corrective measures for the entrusted institution;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Subparagraph 1 of Article 67 and Article 23 (3) of the Industrial Safety and Health Act;

B. Defendant B: Industrial Safety and Health Act.

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