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(영문) 인천지방법원 부천지원 2020.01.08 2019고정660
산업안전보건법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

To the extent that it does not harm the identity of the facts charged and the defendant's right to defense, part of the facts charged was organized and stated.

A corporation B is a corporation for the purpose of building construction business, etc., and the defendant is appointed as the site director at the new construction site of the Corporation B, Busan.

The Defendant, as the head of the construction site, was in charge of safety and health management at the construction site. On May 15, 2019, the Defendant did not install an intermediate task force at the part of an external vision at the construction site in which workers might fall, and did not take measures to prevent fall on the opening of the second floor elevator, and did not set a part of the work force of one outside vision.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. A supervisory inspection table, supervisory report, corrective order, and confirmation report on construction industrial safety and health;

1. Full certificate of the matters to be registered, construction contract, and materials as a result of correction;

1. Application of Acts and subordinate statutes governing enforcement site photographs;

1. Article 71 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;

1. Articles 70 (1) 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;

1. Determination on the assertion of the defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act that bear litigation costs

1. On May 15, 2019, the enforcement date of the argument, May 15, 2019, when an external vision installation work was carried out, and did not explain the fact that the work is in progress while under control.

On the other hand, until May 15, 2019, the control date, the second floor slabs did not proceed, so it is not necessary to take measures to prevent fall on the opening of the second floor elevator.

Therefore, it is true.

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