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(영문) 서울남부지방법원 2020.04.08 2020고정292
산업안전보건법위반
Text

Defendants shall be punished by a fine of KRW 500,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a business owner who is a corporation established for the purpose of construction business, and is a corporation that employs seven full-time workers from June 1, 2019, when Defendant B was awarded a contract for the construction cost of the said multi-household house to KRW 1,042,370,780 (including value-added tax).

1. Defendant A

A. Although a business owner has to install safety risks on the aspect of the stairs the height of which is not less than 1 meters, the Defendant did not install safety risks on the part of the stairs from the first floor to the fifth floor on September 26, 2019 at the said new construction site.

B. Although the business owner has to install a strong strength with sufficient strengths between safety accidents at a place where workers might fall down, such as a work launch board, etc., the business owner did not install a safe gap between the three and five floors above the ground level at the construction site at the said new construction site, and the one-story elevator skin at the ground level.

2. The Defendant Company B did not perform due care and supervision to prevent the same act of violation by A, an employee of the Defendant Company, as described in paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. Occupational safety and health supervision report;

1. A written corrective order, a report on corrective measures, or a report on confirmation;

1. Application of standard contract terms, on-site agents Acts and subordinate statutes;

1. Defendants of the relevant legal provisions and the choice of punishment regarding criminal facts: Articles 71, 67 Subparag. 1, and 23(3) of the former Industrial Safety and Health Act (wholly amended by Act No. 16272, Jan. 15, 2019)

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

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: the Criminal Procedure Act.

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