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(영문) 서울중앙지방법원 2014.12.04 2014고정5024
산업안전보건법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, as the representative of Songpa-gu Seoul Metropolitan Government, is responsible for all matters concerning safety and health of his employees. In relation to the case where D workers died on May 31, 2014, at around 08:00, on the ground floor below 29 meters from among the project to remove the 9th floor of building building in Gangnam-gu Seoul, Seoul, the Defendant: (i) despite the fact that the business owner is not on board a worker in the transport carrier, the business owner is not on board a worker in the transport carrier of wastes; (ii) the business owner is on the part of the worker D who independently puts into work for loading wastes in the building; and (iii) the business owner is on the part of the worker at a place where the workers fall or are at risk of fall, he shall install a working board by assembling the rain; (iv) the safety net in the process of installing the safety net where it is difficult to install a work board; (iii) the safety net in the process of installing the safety net, despite the fact that D workers are not on board the safety net or the safety net.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of serious accidents;

1. Application of Acts and subordinate statutes to business trips, business trips, and disaster investigation and opinion;

1. Article 66-2 of the Occupational Safety and Health Act and Articles 23 (1) and (3) of the same Act concerning criminal facts and the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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