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(영문) 광주지방법원 2013.08.22 2013고정1472
산업안전보건법위반
Text

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

Defendant

A fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

1. Defendant A is a representative director of Company B, who exercises overall control over safety and health affairs of his employees.

On February 22, 2012, the head of the Gwangju Regional Employment and Labor Office issued an order to suspend the use of 2.8 tons kickers who did not undergo safety inspection after conducting an inspection of the place of business as technical support for the prevention of accidents with respect to the said stock company B, and issued an order to resume the use upon confirmation by the head of the Gwangju Regional Employment and Labor Office after completing safety measures by March 13 (1), April 2012 (2).

Nevertheless, from February 22, 2012 to June 3, 2013, Defendant A violated an order of suspension of use issued by the head of the regional employment and labor office delegated by the Minister of Employment and Labor, by allowing employees to use the said scrap without obtaining confirmation from the head of the Gwangju Regional Employment and Labor, without conducting safety inspection on the said 2.8 tons at the business establishment located in Gwangju Mine C Co., Ltd., Ltd. located in Gwangju Mine-gu from February 2, 2013.

2. Defendant B Co., Ltd. violated the order of suspension of use issued by the Administrator of the Gwangju Regional Employment and Labor Agency as stated in the above 1.

Summary of Evidence

1. Defendant A’s legal statement

1. Summary of a report on the results of measures taken against a safety and health supervision mark, order of suspension of use, correction instruction, and order of suspension of use, including construction business;

Report on the result of the measures taken against the Gu and the corrective order

Application of the Acts and subordinate statutes described in the Gu

1. Article 67-2 subparagraph 2 of Article 67-2, Article 51 (6), and Article 51 (1) of the Occupational Safety and Health Act (elective Selection of Fines): Defendant B: the main sentence of Article 71, Articles 77-2 subparagraph 2 and 51 (6) and (1) of the Occupational Safety and Health Act;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

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