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(영문) 대전지방법원 2017.12.12 2017고단442
산업안전보건법위반등
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

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

Reasons

Punishment of the crime

1. Defendant A’s identity is a manager of safety and health management for the prevention of industrial accidents by employees in Seo-gu, Daejeon-gu, which is entrusted and managed by Defendant B Company E’s representative meeting, and Defendant B is a business owner entrusted and managed with the above E as a corporation established for the purpose of managing collective housing on the second floor of the Daejeon-gu, Daejeon-gu, with its head office located on the second floor for the prevention of industrial accidents.

2. Criminal facts;

A. Defendant A violated the duty to take safety measures under the foregoing E on October 4, 2016.

(1) The business owner shall install a safety rail or coverr at a place where the worker is at the end or opening of the passage and where the worker is at the risk of falling.

Nevertheless, it did not install a cover for the collection of the underground parking pumps in the above workplace.

(2) A business owner shall protect his/her employees in order to prevent his/her electric shock from being reduced by having contacted or approaching the charging part of a transformer or transition route, etc. due to his/her work or passage.

Nevertheless, there was no exhaustr installed in the charge department of the fire-fighting pumps room in the above place of business, and there was no exhaustr installed in the power distribution department installed in a state of being exposed to the water pumps room.

B. Defendant B Co., Ltd. violated the duty to take safety measures as described in A. A. as its employee.

Summary of Evidence

1. Statement concerning the suspect interrogation protocol made to the defendant A by the prosecution;

1. Entry of a report on the results of supervision;

1. Entry of a list of integrated supervision of safety and health, including manufacturing business;

1. Statement of recommendations for a corrective order and report;

1. Statement of the investigation report (the suspect A to telephone listening report);

1. Application of Acts and subordinate statutes to entries in a copy of a certificate of registration;

1. The pertinent legal provisions and the Defendants’ choice of punishment regarding criminal facts: the Industrial Safety and Health Act.

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