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(영문) 청주지방법원 영동지원 2015.07.23 2015고단106
산업안전보건법위반
Text

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

Defendant

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

Reasons

Punishment of the crime

Defendant

B A Co., Ltd. is a business owner who performs the “D drainage and Agricultural Road Packaging Corporation” in Chungcheongnam-dong, Chungcheongnam-do, and Defendant A is a representative director of Defendant B Co., Ltd. who is responsible for the safety and health of workers belonging to the Corporation.

1. Defendant A, at the above construction site on March 17, 2015, ordered its employees E to set the bentium on the floor with a brue as a brue.

As above, a business owner has a duty of care to prepare a work plan in order to prevent risks to workers (Article 38(1) of the Rules on Industrial Safety and Health Standards), and to designate a work commander and direct him/her to work in accordance with the work plan (Article 39(1) of the Rules on Industrial Safety and Health Standards).

Nevertheless, the Defendant, as the representative director of B Co., Ltd., the business owner, neglected to prepare a work plan and did not designate a work commander, caused the damage of the steel sium installed in the above betium to the worker F (year 66) with the above betium located on the floor and attached to the above betium due to the damage of the steel sium installed in the above betium.

The Defendant, by negligence in the course of business, caused the death of the above worker due to the pressure damage of the heart and the heart in the workplace.

2. Defendant B, a representative director of the Defendant, committed the above act of violation at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. Statement of special judicial police officer in E;

1. A report on the occurrence of serious accidents and a written opinion on the investigation of accidents;

1. Business registration certificate or certified transcript of register;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Articles 71, 66-2, and 23 (2) of the Occupational Safety and Health Act concerning facts constituting an offense;

1. Defendant A who has chosen a punishment;

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