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(영문) 대전지방법원 홍성지원 2016.02.17 2016고정6
산업안전보건법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

B If the above fine is not paid, the above fine shall be paid.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation that employs 40 full-time workers and carries out a comprehensive construction business, and a business owner who carries out a new construction project of Hongsung-gun D with a contract from king Co., Ltd.

Defendant

B is the site manager of the above construction site who is in the position responsible for the safety and health management for preventing industrial accidents to the employees under his/her jurisdiction.

1. Defendant B

A. Although the Defendant is required to install a safety rail on the side of a stairs the height of which is at least 1m, the Defendant did not install a safety rail on September 18, 2015 on the stairs of the underground machine room at the construction site.

B. Although the Defendant, as the end or opening of the work board and the passage, has to install a safety rail at a place where workers might fall down, the Defendant did not install a safety rail at the top of the second floor stairs.

2. The Defendant Company A did not take measures to prevent risks to the Defendant’s business, as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A list of supervision and inspection;

1. The order for correction;

1. Reports on handling the corrective order;

1. Application of statutes to the designation of a general manager of safety and health;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Articles 71, 67 subparag. 1, and 23 subparag. 3 of the Industrial Safety and Health Act of Defendant A

B. Articles 71, 67 Subparag. 1, and 23(3) of the Industrial Safety and Health Act (excluding punishment)

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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

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