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(영문) 대구지방법원 포항지원 2017.08.09 2017고정233
산업안전보건법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person responsible for managing and supervising all matters concerning safety and health of his/her employees as a personal constructor who has been awarded a contract with the construction cost of KRW 20 million among the construction works of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building

On August 1, 2016, the Defendant, at the construction site above, instructed the victim to transport a fry house loaded on the first floor to the second floor for the purpose of building a concrete with the second floor.

In such cases, the defendant, who is a field manager, has a duty of care to take protective measures, such as safety railing, at a place at a risk of falling in order to prevent the fall accident from spreading, and to check whether workers are provided with protective equipment, such as safety caps, safety height, etc.

Nevertheless, the Defendant neglected the above duty and caused injury to the victim, such as a pelle, etc. among the left-hand side in need of approximately eight weeks of treatment, by failing to install a safety rail, etc., and by failing to provide the victim with the protection equipment, such as safety caps, etc., when the work is carried out in the slope of a height of 3 meters at which the victim is at risk of falling.

Accordingly, the Defendant did not take necessary measures for the safety of workers in carrying out the business, and at the same time suffered injury to the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to a report on investigation (a medical certificate and attachment of industrial accident application data by an complainant), and a report on investigation (Attachment of field photographs);

1. Article 268 of the Criminal Act in relation to the facts constituting an offense (the point of violation of the measures for industrial safety) and Articles 67 subparagraph 1 and 23 (3) of the Industrial Safety and Health Act (the point of violation of the measures for industrial safety);

1. Commercial concurrence;

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