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(영문) 광주지방법원 2014.10.07 2014고단2468
산업안전보건법위반
Text

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

Defendant

If A does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

B is a corporation established for the purpose of construction waste collection and transportation business, and Defendant A is a representative director of the company, who is in charge of general management of safety and health management.

1. Where a business owner carries out work using construction machinery on the rolling stock, such as caters, he/she shall prepare a work plan that includes the types and performance of caters, operational routes, working methods, etc. in order to prevent any danger to workers, and require them to carry out the work in accordance with such plan

Nevertheless, around September 23, 2013, Defendant 2 did not prepare a work plan by having D workers run dump trucks using dump trucks at the place of business of the company located in Gwangju Mine-gu, Gwangju.

2. A, the representative director of the defendant B, committed an illegal act with respect to the defendant's business, as described in paragraph 1.

Summary of Evidence

1. Defendant A’s legal statement

1. Each statement of the police suspect interrogation protocol of the defendant A and E;

1. Each statement made by the police officer in relation to F, G, E, and H;

1. Corrective order, accident inspection opinion, and construction machinery registration certificate;

1. Application of statutes on site photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Subparagraph 1 of Article 67 and Article 23 (2) of the Industrial Safety and Health Act;

(b) Defendant B: Articles 71, 67 subparag. 1, and 23(2) of the Industrial Safety and Health Act;

1. Defendant A: It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014).

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