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(영문) 대전지방법원 논산지원 2015.08.11 2015고단140
산업안전보건법위반
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, as the owner and constructor of a plastic house at the “D” site in Da at the time of Edsan, is obligated to take measures to prevent the risks of workers working at the said site.

On August 12, 2010, the Defendant had workers, such as the Victim F (year 36) employed through E, etc., continue the said work at the above site, around 18:00.

The business owner shall take measures necessary for the prevention of hazards caused by damage to or aging of smoke-saving supplies, etc. with respect to wired or mobile wires that have contacted or are likely to contact workers with work, passage, etc.

Nevertheless, in violation of this, the Defendant had the victim who was engaged in the collection of mobile electric wires for mechanical connection at the above site contact with the damaged electric wires for the reduction of combustion clothes.

Accordingly, the Defendant caused the death of the victim at the Soyang University Hospital located in Seo-dong, Seo-dong, Seo-gu, Daejeon, Seo-gu, Daejeon on September 28, 2010.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. The police statement of E and G;

1. Application for bereaved family's benefits, death certificate, notification of industrial accident insurance, investigation uniform, farmland lease contract, application form, statement of subsidies, tax invoice, payment sheet, tax invoice, transfer confirmation form without passbook, field photographs, medical record, establishment protocol of industrial accident insurance, text answers, disaster investigation report, written adjudication, administrative appeal ruling, and application of statutes of the judgment;

1. Article 66-2 of the Occupational Safety and Health Act, Articles 66-2 and 23 (1) 3 of the same Act concerning facts constituting an offense, the selection of a fine;

2. In light of the legislative purport of the Occupational Safety and Health Act, which imposes various safety measures on a business owner in order to maintain the safety and health of workers by preventing industrial accidents on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the health class and the defendant are as stated in its reasoning.

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