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(영문) 서울중앙지방법원 2019.06.27 2019고단2904
산업안전보건법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

The Defendant is a representative of the Seocho-gu Seoul Metropolitan Government’s “C” as its representative.

1. Violation of the Occupational Safety and Health Act and occupational accidents and death or injury by business owners shall be provided with protective outfits at least the number of workers who work in compliance with the working conditions, such as providing safety caps, etc., and, in cases of conducting an operation by assembling a mobile stove, devices, etc. for preventing Audling or electric shock shall be installed, and in cases of conducting an operation at the highest part of the non-stoves, safety accidents shall be installed;

Nevertheless, the Defendant, within around 16:40 on May 9, 2018, had the victim D (year 55) put a tag on a year, etc. from the top part of the mobile-type vision that does not install a safety signal to the victim, without paying a safety cap to the victim D (year 55). In the process, the Defendant is working in the mobile-type vision.

In this regard, it fells into a double-fluent floor.

As a result, the Defendant did not take necessary measures to prevent such risks, and at the same time, caused the victim to die by negligence on May 13, 2018 from the F Hospital located in Gangnam-gu Seoul Metropolitan Government E to the multi-growth donation.

2. An employer in violation of the Labor Standards Act shall deliver workers with documents specifying working conditions, such as wages and contractual work hours, when concluding a labor contract;

Nevertheless, the Defendant concluded a labor contract with D on May 9, 2018, and did not deliver to D a document in which working conditions, such as wages, are specified.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Statement of the police officer to G, H, I, and J;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 1 of the Occupational Safety and Health Act concerning criminal facts;

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