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(영문) 인천지방법원 부천지원 2013.08.16 2013고정655
산업안전보건법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a personal business operator who is responsible for the safety and health of the business owner and on-site workers who perform a new construction site for multi-household C in Bupyeong-gu, Nowon-gu.

1. In the event that material objects are removed or are feared to fall off due to work, the business owner shall take measures to prevent any danger;

Nevertheless, around November 27, 2012, the Defendant did not install a network for the prevention of falling objects or a protection line at the site where the risk of falling objects exists at the site of the above construction site.

As a result, the Defendant did not take necessary measures to prevent risks to places where material objects are removed or likely to fall.

2. The business owner shall take measures necessary to prevent any danger at a place where workers might fall down;

Nevertheless, the Defendant did not install a work launch board at the outside vision of the construction site where workers might fall down at the time and place mentioned in the preceding paragraph.

Accordingly, the Defendant did not take necessary measures to prevent risks at a place where workers might fall down.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of statutes to a request for supervision, report on results of supervision, corrective instructions, or suspension order for partial works relating to construction safety rolls;

1. Article 67 subparagraph 1 of the Occupational Safety and Health Act and Articles 67 and 23 (3) of the same Act concerning criminal facts and the selection of fines for negligence;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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