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(영문) 의정부지방법원 고양지원 2016.04.12 2015고단3513
산업안전보건법위반등
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

1. Defendant A is the representative director of Construction Business Company B, Inc., which is located in Gyeyang-gu, Yangyang-gu.

A business owner shall take measures necessary for the prevention of danger caused by electricity, heat or other energy in operating his/her business.

On July 25, 2015, at the F middle school meal room located in Gyeyang-gu E around 09:05, the Defendant had employees belonging to the said company build the floor, and had the victim G, etc., who are employees belonging to the said company do so. In the event that electric wires fall down due to the cutting of a cross-section in the said meal room, the employees at work are at the risk of shock, and thus, the Defendant, the owner of the business, had a duty of care to take necessary measures so that the aforementioned vessels do not fall, thereby preventing workers from falling off, and thus, the Defendant, the owner of the business, has a duty of care.

Nevertheless, Defendant 1 did not take safety measures to prevent the distribution line of the sun-dried in the above day at the time, and caused the death of the injured party due to the sudden suspension of light oil at around 09:45 on August 2, 2015, when the electric wires of the above electric wires away from the sun-dried, during the operation of the string machine, were contacted with the above string machine and the victim was reduced, thereby allowing the injured party to take medical treatment at the hospital.

2. Defendant B, a representative of the Defendant, did not take necessary measures for safety as described in the preceding paragraph, thereby causing the death of the employee.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H, I, J, and K;

1. Application of Acts and subordinate statutes of a death certificate;

1. Defendant A: Article 268 of the Criminal Act (the occupation of a doctor in charge of duties) and Articles 66-2 and 23(1) (the occupation of a worker due to failure to take measures to prevent danger) of the Industrial Safety and Health Act; Articles 71 (main sentence), 66-2 and 23(1) of the Industrial Safety and Health Act (the occupation of a worker due to failure to take measures to prevent danger): Article 71 (main sentence), 66-2 and 23(1)

1. Article 40 and Article 50 of the Criminal Act for the commercial concurrence (Defendant A);

1. Selection of punishment (Defendant A) and selection of punishment penalty;

1. Attraction of a workhouse (Defendant A).

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